Defamation is when someone makes a false claim about an individual or organization, which inevitably causes damage to their reputation. With social media permeating every second of our lives, it is easier to make false claims and cause damage to other businesses or individuals. These claims can either be written or oral and are called Libel and Slander, respectively. You can file defamation lawsuits if the claims have caused you financial or reputation damage. However, when a business claims defamation, it must show that the false claims have directly affected its financial interests, which is not required for personal defamation claims. In defamation lawsuits, the courts require proof of damages, as the constitution guarantees freedom of speech. However, defamatory statements are condoned because they are seen as an abuse of the freedom of speech. The defamation laws vary from state to state, but here are some of the elements of a business defamation claim:
False Statements:
To file a defamation lawsuit, you must prove to the court that the defendant made a false statement. It is important to note that facts are not false statements, and statements of opinion are also not considered false statements. Facts and Opinions are not considered defamatory and, therefore, cannot be filed under a defamation lawsuit.
Published Statements:
In order to be successful in a defamation lawsuit, false statements should be published. This doesn’t mean that the statements should be published in a newspaper or magazine. It simply means that false statements should be made public -through social media or word of mouth. Tweeting false statements or commenting on social media pages is considered Published.
Proving Intention:
In business defamation cases, a plaintiff should be able to prove that the defendant knew that the statement made was false. This way, the plaintiff can prove that the defendant had all the evil intentions to harm the lawful business or trade. This element is the most difficult in case of any business defamation trial, and the standards of proving a defendant’s intentions vary from state to state. If the defendant proves that they did not know of the claim’s falsity, the plaintiff may not be able to sustain the business defamation claim. On the other hand, a defendant can also prove that the supposedly defamatory statement is actually true, thus not getting punished in a defamation case.
Proof of Damages:
For a business defamation claim to be successful, the plaintiff must show that the false statement caused serious economic damages. Loss of business opportunities, loss of credit, and other financial losses are all qualified proof of damages. However, if your business saw no economic damage after the false allegations have been made, then the chances of winning your business defamation case are slim. In some states, proof of damages is not necessary for defamation cases when it involves false statements presumed to be damaging to the reputation.