Friday, 16 September 2011

Internet Defamation

Internet Defamation
Internet Defamation is a fake or false statement fact that harms the reputation of one target. The target is most likely to be a public figure. Internet Defamation is express in different ways, examples like libel and slander. Libel is a written defamation while slander is a spoken defamation.

Types of Internet Defamation

Statements that are defamatory on their face - Under Internet defamation law principles, these statement are obviously defamatory. It usually results in the largest awards in online defamation litigation.

Internet defamation through false innuendo - Individuals possessing necessary contextual knowledge that appreciate the defamatory nature of the statement.

Internet defamation through legal innuendo - These statements are not defamatory on their face, but is defamatory when viewed with extrinsic information.

What are the elements for defamation claim?

The following elements is needed for defamation claim are:

1. A publication to one other than the person defamed.

2. A false statement of fact that is understood as
- being of and concerning the plaintiff
- tending to harm the reputation of plaintiff

3. If the plaintiff is a public figure, he or she must also prove actual malice.

Credit to:

Electronic Frontier Foundation, Online Defamation Law, [Online]

Domingo J.Rivera, Rivera Technology Law ; Internet Defamation Law, [Online]


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