>From:    william killian <[log in to unmask]>
>... There are basically three requirements for defamation:
>1. The statement in question must be false.  This is where Kim can
>   most control things.  Just be absolutely honest.  If something is
>   a judgement call then state things as an opinion or not at all.
>2. The intent must be malicious meaning intending harm in any form -
>   since Kim intends to prevent the "shelter" (used with disdain) from
>   doing business.
>3. The plaintiff MUST show damages.  This is incredibly difficult.  The
>   "shelter" (with more disdain) must show a specific instance of a loss
>   of reputation AND business.  Someone must be found that would have
>   given money or goods to that "shelter" (cringe) and after reading
>   what Kim wrote they changed their mind.  That would be specific
>   damages.  Punitive damages for merely damaging reputation are not
>   terribly likely if not compensatory damages can be proven.
 
Bill and Diane,
This isn't entirely true.  The requirements of burden of proof for
defamation of character are:
 
1. A false statement. (lie)
2. The statement must harm/damage their reputation. (name or character)
3. The statement is published. (Told to a third person)
 
Slander (oral statements) and libel (written statements) for public persons
fall into a separate category as they hold themselves out as public
figures.  (And seek attention from the general public) For this category
of persons, an additional burden of proof of 'actual malice' is required.
This means that the speaker/writer has knowledge that the statement is
false.
 
Hope this helps,
 
Susie
Rascal, Binky, Kody, Schmoo and Beefcake
[Posted in FML issue 3188]