Are you clear on what qualifies as defamation? It’s a term that gets thrown around a lot in the entrepreneurial space, but today on The Legalpreneur, I am breaking down the five criteria to prove a defamation case. I clearly define what qualifies as defamation and break down common misconceptions about negative statements.

The main criteria of defamation are whether or not the statement can be proven as true or false and if it is made public. People are allowed to have negative opinions about you and your business, so not every rude comment calls for legal action. 

Sometimes words travel farther than people intend, but everyone is still responsible for public statements made. I break down one of the most disputed criteria for defamation…fault. With social media, it is easy to post something, but once you do, the ripple effect can reach further than you intended. I am here to tell you that you can still hold the original person responsible if they were the catalyst for your public defamation. 

Each criterion is nuanced and case-specific. if you suspect you are a victim of defamation, be sure to enlist an attorney to see if you have a civil case. As always, this is something that we at The Legalprenur can assist you with, so be sure to check out our membership plans to see if we can help you with your legal needs!

If you want to understand what qualifies as defamation, listen now!

Key Takeaways:

[0:30 ] Filing a civil claim for defamation 

[1:40 ] What is slander vs liable 

[2:00 ] Defamation cannot be an opinion

[3:00 ] It must be a provable true or false statement

[3:35 ] Statements must be in the public domain 

[4:29 ] To be legitimate, you must be clearly identified in the statement 

[6:25 ] It must have a negative impact on your public reputation 

[7:20 ] You have to be able to  prove that the statement is demonstrably false 

[9:10 ] Getting clear about who is actually at fault  


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The Legalpreneur Podcast is advertising/marketing material. It is not legal advice. Please consult with your attorney on these topics. Copyright Legalpreneur Inc 2022