Wednesday, October 31, 2018

The true extent of defamation laws....

 

                         Watch Your Tweets

Libel is by definition, a published false statement that is damaging to a persons reputation; a written defamation. The requirements of libel were seemingly clearly laid out. In order to accuse of libel, you must prove its false, they perpetrator knew it was false, and it hurt your reputation. What we didn't focus on however, was what was classified as a published false statement.

      If a celebrity made a lie about another celebrity in an Instagram post would that be considered libel? Lets say they found it to meet all the requirements: it was false, the perpetrator knew it was false, and it hurt their reputation. Does a tweet classify as a publication? Is only mass media classified as libel? Or lets say perhaps someone said someone said said something false about someone and then later it was published . Would that classify as libel, and who would you prosecute; the person who said the false statement or the one who published it?

     After some research I found it undeniably clear that the law in terms of Twitter is clear, any form of defamatory statement can be charged of libel. In other words, any forms of libel on social media, blogs, websites etc can be charged of libel. It's not limited to professionally published material. Meaning if anyone from you to Trump were to post defaming false information in any medium can be prosecuted for libel.

   Though I couldn't find it directly stated, through analyzing, I could deduct that libel does not have to be mass media. What if an employer sent out an email to a another employer of one of their old employees falsely defaming them that can be prosecuted for libel. They have ruined their reputation in a way that could lose them a job opportunity.

    My final question, required me to distinguish between slander and libel. No, verbally defaming some one does not classify as libel; however, it is classified as slander which you may also sue under defamation law.

   If all of these different platforms can all leave you are risk for libel you may worry as to how to protect yourself. For that I leave you with the words of Andrew Hamilton, "Truth should be the greatest defense against libel."
 

   



   

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