Privacy & Defamation
Let’s face it; society loves gossip and talking bad about others. But that doesn’t mean you have to sit there and take it! In today’s society, where technology is present in every aspect of our lives and posting information on social media is as easy as a clicking “share,” it is easy to run afoul of defamation rules and laws, as well as fall victim to it. But the Levine Law Group is here to help.
Defamation can happen to anyone, but the law distinguishes between private citizens and public figures. Public figures, like the Kardashians and political figures, must show that the person who made the statements intended to cause some kind of harm. This is known as an actual malice requirement. To succeed on a claim of defamation, a public figure must show that the person or persons who made the statement published to a third person (via a fixed medium, like TV and newsprint, or a transitory media, like the radio or word of mouth) a statement that holds the individual up to scorn, hatred, or ridicule, knowing the statement was false at the time it was published or published with serious doubts as to its truthfulness. In some cases, public figures can also show actual malice by demonstrating the statement was published with a reckless disregard for whether the statement is true or not. Think of it this way: the National Enquirer gets away with publishing untruthful articles because they “believe” them to be true, and the stories have just enough truth in them to skirt the line as to whether they published with reckless disregard or with knowledge of falsity. Well, sometimes. They still find themselves subject to suit from time to time for some of their more salacious stories.
Private citizens, like you and me, need only show that the publisher of a defamatory statement was negligent in publishing the statement. The law draws this distinction because public figures seek to place themselves in the headlines, while private citizens, for the most part, do not, and as such deserve more protection from defamatory statements. The line between public and private is blurring though, with the rise of social media stars, you-tube personalities, and viral videos.
There are three “types” of defamation: defamation per se, slander, and libel.
Defamation per se is where the statement at issue does one of four things: imputes/attributes a serious crime involving moral turpitude/depravity; imputes/attributes possession of a loathsome disease; attacks plaintiff’s competency regarding business, trade, or profession; and imputes/attributes unchastity in women. Some of these causes of action have, in some ways, become de-stigmatized as society becomes more tolerant of certain lifestyles, diseases, and actions. In other words, what may have shocked your neighbors in the 1950s may not be so shocking now in 2014.
Libel and slander are distinctions based on the type of medium used to publish the defamatory statements. Statements published through fixed mediums, like TV and print, are known as libelous statements (think of the landmark case New York Times Co. v. Sullivan, where a public figure sued over an ad in the New York Times), while statements published through transitory mediums, like the radio, podcasts, or even some social networking sites (depending on how brief the comment was posted), are known as slander (think of any radio news host who has had to apologize for statements made).
There are some defenses to defamation. The best of these is very easy to show: the truth! If you can show that the statement was true, then it isn’t defamatory! Privilege can also be asserted against a claim of defamation. Privilege here usually applies where the statements were made during a report published in a good faith publication of the proceedings at issue, like public records of an open meeting or legislative and judicial reports. The statements at issue, though, to be protected, must be made during the course of the proceedings. Claiming a statement is the opinion of the speaker (like an editorial piece) can also protect the speaker, but it will fail if it can be shown that the statement is based on undisclosed or libelous facts (this is why newspapers always track where they get their information, because sources are important!). Lastly, if the defendant can show that the statement was hyperbole, or an exaggeration of the circumstances such that no one would believe them, then that too is a defense to defamation.
Sticks and stones may break your bones, but bad words can haunt you forever!
If you feel like someone has published harmful information about you and that you’ve been harmed in some way, contact Levine Law Group to see if we can help! Here at Levine Law Group we are proud to offer our clients a free consultation where we ask the questions necessary to point you in the right direction. At the conclusion of the free consultation we will send you a breakdown of potential options and the associated costs for each one. We understand that our clients work hard for their money and do not want to over pay for quality service. To provide the best service at a reasonable rate, we offer our clients options including fixed flat fees and affordable hourly rates, as well as offering a flexible billing structure. If you have a defamtion issue, call us today for your free consultation at 617-860-6236, or simply tell us about your issues on our inquiry form above!