Remember, defamation involves the communication of a false and defamatory assertion of fact about you to one or more other people that harms your reputation.
One of the key elements of defamation is an assertion of fact.
This means that what the wrongdoer stated or implied to others about you involves an alleged fact that is capable of being objectively proven true or false. Unlike a pure opinion (“My boss Jane is an obnoxious jerk”), a factual assertion (“My neighbor John just robbed the bank down the street”) can be proven to be either objectively true or false. So, you cannot successfully file a lawsuit for defamation over a pure opinion, because a pure opinion is entirely subjective.
But keep in mind that if the wrongdoer makes a communication that can be reasonably interpreted to imply the existence of an undisclosed alleged fact that is capable of being objectively proven true or false, this key element of an assertion of fact is still met, even if the wrongdoer tries to disguise this communication as a pure opinion. For example, “The bank down the street just got robbed, and I know who did it. In my opinion, my neighbor John has to be very worried about the FBI showing up at his door.”
The other key elements of defamation include:
- Publication
- Of and concerning
- Truth/falsity
- Fault
- Reputational harm
Stay Tuned To Learn More About These Key Elements of Defamation
Defamation is a fascinating but complex area of the law. Stay tuned for more content to learn more about these key elements of defamation.
The Law Firm of Mark A. Sereni, PLLC
The Law Firm of Mark A. Sereni, PLLC is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.markaserenilaw.com or contact Mark A. Sereni, Esquire at 610-565-5700 or at msereni@markaserenilaw.com.
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