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Defamation Cases, Defense and Litigation
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  • Have You Been A Victim of Defamation?
    • STATUTE OF LIMITATIONS IN NEW YORK
    • DEFAMATION DEFINED & HOW IT IS INTERPRETED UNDER THE LAW
    • DEFAMATION PER SE
    • FALSE FACTS
    • MIXED OPINION
    • SLANDER IN NEW YORK
  • Understanding How Defamation Works in New York
    • Understanding LIBEL in New York
    • Understanding TRUTH in this type of case
    • Understanding PRIVILEGE & ABSOLUTE PRIVILEGE
    • Understanding QUALIFIED PRIVILEGE in New York
    • Understanding PURE OPINION in these types of cases.
    • Understanding TRADE LIBEL in New York
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UNDERSTANDING DEFAMATION AND  LEGAL RIGHTS ON DEFAMATORY CONTENT

The Definition of Defamation and How it’s interpreted by the law

Defamation is a false statement of fact against an individual’s character or reputation, either intentionally or negligently published to a third person, holding the defamed person up to ridicule, contempt, hatred, shame, or disgrace.

There are 2 general types of defamation: spoken and written.  Regardless of the type of defamation the truth is an absolute defense to a lawsuit based on defamation.  Accordingly, where it can be shown that the published statements are “substantially true,” the lawsuit will be defeated. This is also true where the statements are “pure opinion.”

CPLR § 3016(a) requires that a Complaint must set forth the particular words allegedly constituting defamation.  The statute further requires that the Complaint also allege the time, place, and manner of the false statement and specify to whom it was made.

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WEITZPASCALE
221 Mineola Boulevard

Mineola, NY 11501

(516) 280-4716

Use of this website does not create an attorney/client relationship. The information contained herein is in the form of legal education and is intended to provide general information, it is not meant to be, nor is it, legal advice.

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