ELLEMENTS OF DEFAMATION

• ·         Defamatory Language, the words used actually defame the plaintiff. Defamatory language is any statement that that subjects the plaintiff to public ridicule or contempt. There are many types of vicious and unsavory statement that are not considered to be defamatory. Statements that injure the plaintiff feelings are also not defamatory. To be defamatory the statement needs to be injuring the plaintiff’s reputation or hold the plaintiff up to public ridicule, embarrassment or humiliation. Insults do not meet this standard.

• ·         False statements, in addition to the language causing the plaintiff embarrassment or financial loss the statement must also be false. One the main defenses to a defamation action is that the statement is true. If the statement it is not defamatory and therefore cannot form the basis of either a slander or libel action.

• ·         The statement refers to the plaintiff, although it sounds rather obvious the plaintiff must prove that the defamatory statement was made about him. Sometimes this is difficult for plaintiff to prove. That statement certainly sounds as thoughts it qualifies as defamation. However before the jury could be allowed to reach that conclusion, the plaintiff would have to prove that the statement was made about him. If the defendant is pointing a lot of people that include the plaintiff how can anyone be sure that  the defendant is referring to the plaintiff.

• ·         Publication, in all jurisdiction, publication or communication of the defamatory system is an essential requirement. Courts use the terms publications and communication interchangeably, we use the term publication for the reminder of the chapter. When a person publishes a defamatory statement she communicates that statement  to some one other than a plaintiff. When the defamation is slander it must be heard and understood by someone other than the plaintiff. when a defamation is liberal or written it must be read and understood by other person than the plaintiff. if a  writing is not intended to be published and accidentally read by the third person, most jurisdiction will hold that no publication occurred, and there fore there has been no defamation.     

  BACHUBIRA ZAITUNI