Friday, July 30, 2010

defamation and blogging

What are the elements of a defamation claim?
The elements that must be proved to establish defamation are:

1. a publication to one other than the person defamed;
2. a false statement of fact;
3. that is understood as
* a. being of and concerning the plaintiff; and
* b. tending to harm the reputation of plaintiff.
4. If the plaintiff is a public figure, he or she must also prove actual malice.


www.eff.org/issues/bloggers/legal/liability/defamation