In a subsequent Indiana case, defamation was similarly stated as “that which tends to injure or to diminish esteem, respect, goodwill, or confidence in the plaintiff, or to excite derogatory feelings or opinions about the plaintiff.” Ratcliff v. Indiana defamation law defines defamation as “a statement that ‘tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.’” Journal-Gazette Co. Now, let’s take a look at how Indiana defamation law defines defamation and the necessary elements for a successful defamation claim. Famacide: persons who “destroy another’s reputation.”.Libelers: parties who publish written defamatory statements.Slanderers: parties who verbally communicate defamatory statements.Defamers: the general and overarching term for persons who communicate false assertions of fact to a third-party.To read up further on business and commercial disparagement, check out our detailed blog post titled, “ What is Business/Commercial Disparagement?” Our comprehensive posts addresses the distinctions between disparagement and defamation, the elements necessary for a successful disparagement claim, food libel laws, the most common defenses to disparagement actions, and how to hold disparaging parties liable for their actions.įor reference, parties who defame another are commonly referred to as: Disparagement exists to protect business property and financial rights, not an individual’s reputation. Keep in mind that disparagement, often referred to as “commercial” or “business disparagement” is actually a misnomer for defamation and specifically refers to derogatory statements made about a business or title to property. Some other popular names for the tort of defamation include: Here’s a little tip for remembering the form in which a statement was conveyed – if the statement is written… “Libel” is derived from the Latin word “libellus,” which means “booklet” or “small book,” so if you see a written statement, think of it as being published in a “libellus,” or a booklet. Once again, when identifying the type of defamation committed, look to the form in which it was conveyed. ![]() For example, certain states have differing statutes of limitations for libel and slander, and generally require defamation plaintiffs to bring slander actions earlier than libel actions. However, this can pose problems when bringing a defamation claim, as understanding the form in which the false assertion of fact or statement was conveyed is often crucial for procedural purposes. When describing the proper form in which the tort of defamation is committed, the general public typically confuses both libel and slander, most commonly opting to use “slander” as the overarching term for defamation. Slander: a spoken false assertion of fact communicated to a third-party, ultimately damaging another person’s reputation. ![]() Libel: a written or published (media, videos, pictures) false assertion of fact communicated to a third-party, ultimately damaging another person’s reputation. ![]() and Canada, defamation is classified as a civil wrong, allowing injured and defamed parties to recover damages for their injuries.ĭefamation may also be referred to as the “tort of defamation,” and more specifically, it may be broken down into two fundamental types: In the United States and other Common Law jurisdictions, such as the U.K. What is Defamation? How Does Indiana Define Defamation?Ĭommonly referred to as “defamation of character,” defamation is an all-inclusive term governing the act of communicating, publishing, or otherwise making a false assertion of fact to a third-party, which ultimately harms or damages another person’s reputation.
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