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To illustrate this point, consider the following excerpt from a court ( Vogel v. What is a statement of verifiable fact?Ī statement of verifiable fact is a statement that conveys a provably false factual assertion, such as someone has committed murder or has cheated on his spouse. A few courts have said that statements made in the context of an Internet bulletin board or chat room are highly likely to be opinions or hyperbole, but they do look at the remark in context to see if it's likely to be seen as a true, even if controversial, opinion ("I really hate George Lucas' new movie") rather than an assertion of fact dressed up as an opinion ("It's my opinion that Trinity is the hacker who broke into the IRS database"). (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
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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.