![]() (A verifiable fact is one capable of being proven true or false.) This is determined in light of the context of the statement. Courts look at whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact. No-but merely labeling a statement as your "opinion" does not make it so. But keep in mind that the truth may be difficult and expensive to prove. Truth is an absolute defense to a defamation claim. ![]() If the plaintiff is a public figure, he or she must also prove actual malice.tending to harm the reputation of plaintiff. ![]() being of and concerning the plaintiff and a publication to one other than the person defamed.The elements that must be proved to establish defamation are: What are the elements of a defamation claim? Libel is a written defamation slander is a spoken defamation. State laws often define defamation in specific ways. Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. The Bloggers' FAQ on Online Defamation Law provides an overview of defamation (libel) law, including a discussion of the constitutional and statutory privileges that may protect you.
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