Libel includes the more permanent forms of defamatory matter in California, it consists of a “writing, printing, picture, effigy, or other fixed representation to the eye.” (Civ. However, evidence of malice is relevant to obtain punitive damages or to overcome certain privileges. But malice, or actual ill will, is not an element of defamation. (2002) 97 Cal.App.4th 798, 809.īecause libel and slander are intentional torts, the defendant must have intended the publication. Code § _.”) The tort involves (a) a publication that is (b) false, (c) defamatory, and (d) unprivileged, and that (e) has a natural tendency to injure or that causes special damage. (California Civil section 44 herein, “Civ. The reader is advised to first read our article on Torts before proceeding with this article.ĭefamation is an invasion of the interest in reputation. There is also a discussion of the usual effective tactics in combating actions based on defamation. This article shall outline the basic requirements to prove each and the particular problems that arise when one alleges these causes of action.
The two types of Defamation are verbal (slander) and written (libel.) The requirements to prove each and to show damages for each differ markedly. Legally, when one files suit for damages based on such causes of action, one encounters legal requirements that are significant in order to prevail.ĭefamation is the actual word to describe a communication (“publication” is the legal term) that is untrue and harms another person. When used in day to day language, most people consider it merely saying something untrue about someone. Libel is one of those legal causes of action often considered as appropriate by the lay person but, in reality, a difficult and complex matter to allege and prove.
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