Filing a Lawsuit for Libel

A libel lawsuit may be in order if you were defamed by someone and you suffered damages resulting from these actions.

What Is Libel?

Libel is a type of defamation. It occurs when someone makes derogatory statements about you to another person and these statements cause you damages, usually to your reputation. Libel involves written statements. The elements you must prove in libel or defamation case include:

A false and defamatory statement concerning another person;
Publication of the statement to a third party;
If the matter is one of public concern, negligence or more serious fault must also be proved; and
Damages caused by the defamation.

Libel and The Internet

In these times of constant communication via weblogs, social networking sites and the Internet, instances of libel have risen. It is far too easy for people to angrily and compulsively make untrue statements online. There is something detached and impersonal feeling about publishing untrue statements from behind a computer screen, but it can be libelous just the same as any other written form, including tabloids, newspapers and magazines. As long as the elements of libel are met, you have a right to sue.

Defenses to Defamation and Libel

It is wise to contemplate possible defenses to your libel case so that you can be ready for them in court. The following defenses may be raised by the person you are suing for defamation of libel:

Truth is usually an absolute defense to defamation. That means, your case will not go forward if the statement about which you are suing is found to be true.
Privilege is another common defense to defamation. If the person uttered the statement or wrote the statement as part of a privileged communication, then they are not liable for libel. Examples of privileged statements are statements made by the legislature while in session, statements made by a lawyer in court or statements made by a judge in his duty as a judge.
Opinion is also sometimes asserted as a defense to defamation. If the defendant can prove that it was a fair opinion under the circumstances, this defense could be used to sway the trier of fact in their direction.

Getting Legal Help

If you need assistance with assessing or filing a libel case, contact an attorney experienced in defamation suits to handle your case. An attorney will advocate on your behalf in court and lead you confidently in any legal action.

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