What Is the Legal Definition for Slandering

Our editors will review what you have submitted and decide if the article needs to be revised. From a strictly legal point of view, defamatory statements are not considered defamatory if they are not properly published. Unfortunately for ill-intentioned bloggers, the term «published» in the context of Internet communication legally means that only one person must read the offending blog in question. For words to be achievable, they must be spoken without a legal reason. In some cases it is justified to slander another, in other cases it is excusable, provided it is expressed without explicit malice. It is justified for a lawyer to use outrageous language in support of his client`s case. Members of Congress and other legislatures cannot be held responsible for anything that has been said in a debate. Defamation and defamation are the legal subcategories of defamation. In general, defamation is defamation in written words, images or other visual symbols on a printed or electronic medium (online or on the Internet). Slander is spoken slander. The advent of the first radio and television communications in the 20th century somewhat complicated this classification, as did the growth of social media from the beginning of the 21st century. CALSLANDER, misdemeanour. Defamation of a man`s reputation by uttering or writing words which affect his life, office or profession, or which tend to lose his preference in marriage or service, or in his inheritance, or which cause any other particular prejudice.

Nisi Prius` Law, 3. In England, when we speak of the slander of a peer or another great man, we speak of Scandalum Magnatum. Lying and malice are components of slander. Ferry. Abr. Defamation. Written or printed defamation is defamation; See this word. 2. Here it is proposed to deal only with verbal defamations that refer to 1. The nature of the charge. 2d.

The falsity of the accusation.3d. Type of publication. 4. Opportunity; and 5. Wickedness or the motive of slander. 3.-Abs. 1. Actionable words have two descriptions; On the one hand, those that are enforceable in themselves without proof of special damages and, on the other hand, those that are enforceable only in respect of certain actual indirect damages. 4.-1.

The words of the first description should assume: 1. The guilt of an offence for which, if the party is guilty, could be charged and punished by the criminal courts; how to call a person a «traitor», a «thief», a «highwayman»; or to say that she is guilty of «perjury», «forgery», «murder» and others. And although the attribution of guilt is general, without specifying the details of the alleged crime, it is punishable. Cro. Jac. 114, 142; 6 R. T. 674; 3 Wils. 186; 2 Ventilation.

266; 2 New Reg. 335. See 3 Serg. & Rawle, 255 7 Serg. and Rawle, 451; 1 binn. 452; 5 binn. 218; 3 Serg. and Rawle, 261; 2 binn. 34; 4 Yeates, p. 423; 10 Serg. & Rawle, 44; Completely. on defamation, 13-42; 8 Fair 248; 13 John.

124; No. 275. 5.-2d. That the party has a disease or a distemper that makes it unfit for society. Ferry. Abr. Defamation, B 2. A trial can therefore be maintained if a man is treated as a leper. Cro. Jac. 144 Fort. on defamation, 97.

But accusing another of a contagious disease is not punishable, because he is not excluded from society for this reason. 2 R. T. 473, 4; 2 1189 Street; Ferry. Abr. titmouse. Defamation, B 2. An accusation that ridicules a man, harms the enjoyment of society in general and violates those imperfect rights to friendly relations and mutual goodwill that man has towards man is also punishable. Holt über Verläumdungen, 221.

6.-3d. The unfitness of a staff member holding an office involving profits or emoluments, whether in relation to his character or inability to perform the duties of the office in such a case, constitutes an act. 1 salk. 695, 698; Roll, turn off. 65; 2 R. Esp. 500; 5 Co. 125; 4 KB. 16 a; 1 617 Street; 2 Ld. Raym. 1369; Bull. P.O.

4; Holt on Slander, 207; Completely. on defamation, 100.7.-4. Lack of integrity or capacity, whether mental or financial, in the exercise of a profession, trade or business in which the party operates is punishable by the prosecution 1 time. 244 a lawyer or artist of incapacity, recklessness or lack of integrity; 3 Wils. 187; 2 sheets Rep. 750; or a clergyman who is a drunkard; 1 binn. 178; is feasible. See Holt on Libels, p. 210; No. 217. 8.-2.

The second category includes words that can only be claimed for special damages suffered by the defamed party. Although the law does not permit the conclusion of damage in these cases, if the damage has actually occurred, the injured party may support an action for publicity of falsehood; 1 lev. 53; 1 SID. 79, 80; 3 woods. 210; 2 Leon. 111; unless the assertion is made to assert an alleged claim; Com. Dig. Titmouse. complaint for defamation, D 30; Ferry.

From. defamation, B; But he lies when spoken maliciously. See 1 role, of. 36 1 Saund. 243 Bac. Abr. defamation, C; 8 T. R.

130 8 East, R. 1; Completely. on defamation, 157. 9.-para. 2. The accusation must be false; 5 KB. 125, 6; Hops. 253; The falsity of the accusation must be implied until proven otherwise. 2 East, r.

436; 1 Saund. 242. The case where a master presents his servant unfavourably to the request of his character seems to be an exception, since in this case there is a presumption from the occasion of the speech that the words were true. 1 R. T. 111; 3 vols. and p. 587; Completely. on defamation, 44, 175, 223. 10.-Ab.

3. Defamation must, of course, be published, i.e. communicated to a third party; and if orally, then in a language he understands, otherwise the reputation of the applicant will not be affected. 1 roll, from. 74; Cro. Eliz. 857; 1 Saund. 2425 No. 3; Ferry. Abr. Defamation, D 3. A letter addressed to the party containing defamatory information is not sufficient to maintain a civil action, although it may expose slander to prosecution because it is subject to a breach of the peace; 2 R.

Bl. 1038; 1 R. T. 110; 1 Saund. L32, No. 2; 4 Esp. N. P. R. 117; 2 Esp. N.

P. R. 623; 2 East, r. 361; the defamation must be published against the plaintiff; A mother cannot sue because she calls her daughter a bastard. 11 Serg. & Rawle, 343. For the case of a man repeating the slander invented by another, see Stark. on defamation, 213; 2 P. A. Bro. R.

89; 3 Yeates, p. 508; 3 binn. 546. 11.-Ab. 4. For words to be achievable, they must be spoken without a legal reason. In some cases it is justified to slander another, in other cases it is excusable, provided it is expressed without explicit malice. Ferry. From. defamation, D 4; Roll, turn off. 87; 1 wine.

From. 540. It is justified for a lawyer to use outrageous expressions in support of his client`s case and relevance.