Torts

Defamation

Definition

Defamation is a tort involving the publication of a false statement of fact that harms the reputation of another. It encompasses both libel (written or recorded) and slander (spoken). The plaintiff must show that the statement was false, published to a third party, and caused reputational harm. Public figures must also prove actual malice — knowledge of falsity or reckless disregard for the truth — under New York Times v. Sullivan.

Example

A newspaper publishes a false article stating that a local business owner was arrested for fraud. If this harms the business owner's reputation, it constitutes defamation.

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