libel

Against Company

Defamatory statements can be damaging to your company.  Defamation of character is defined as “the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.” Any defamatory statement can cause damage to your company’s reputation or financial assets, whether slander or libel.  An oral statement, published, that is defamatory to a specific party is considered slander; libel on the other hand, is a published written statement that is defamatory.

Slander and libel both fall under tort law, or civil law.  A civil lawsuit may be brought against the accused party, usually leading to a suing of said party by the accused.  The civil lawsuit, whether slander or libel, falls under the category of “defamation of character.”  The victim, in this case your company, can sue the defamatory entity for damages.  These damages are considered either general damages, special damages, or exemplary damages.  The difference between these two damages will be explained later on in this article.

So how can you determine whether or not your company has been victim to a defamation of character?  How can you be sure enough to follow through with a civil lawsuit for compensation?  Here are some steps and tips you can follow to better understand what is and is not considered defamatory:

1.  Find and consult with a lawyer.

This may be the most important step as there are lawyers who specialize in defamatory cases of slander and libel.  A specialized lawyer can assist you in determining the correct type of defamation of character your company is experiencing.  You may look into searching for free lawyer consultations on the internet or schedule a consulting appointment with a local lawyer to first determine whether you have a case or not.

2.  Meet with the lawyer to discuss your options.

When you meet with your lawyer, make sure to determine whether the defamatory statement is defamation per se or defamation per quo.  The distinction between the two is important, as they both entail different accusations and appropriate follow up actions.  Defamation per se is a direct, seemingly intentional defamation of character of a party directed at a third party.  Defamation per quo, on the other hand, is an indirect defamation of character that depends on circumstances to be defamatory, and otherwise would not be considered slander or libel.  The statement is usually, but not always, false — and must identify your company as the target to be considered defamation of character.

3.  If desired, take legal action.

Suing a party for defamation of character can help compensate for damages to your company.  Discuss with your lawyer whether you have a civil or criminal case of defamation, and whether to sue for general, special, or exemplary damages.  General damages are damages to reputation, emotion, feelings, or image.  Special damages include financial, property, and occupational damages.  Exemplary damages, then, are damages to be reimbursed determined by the court for the sole purpose of making an example out of the accused party.

tips

- Suing for defamation of character may be costly and time consuming, decide whether or not it is worth it to sue before you take action
- Accusing a party of defamation of character may cause more retaliation.  Ensure that the other party is a reputable and trustworthy party.