Can You Sue for Defamation of Character on YouTube? The cookie is used to store the user consent for the cookies in the category "Performance". What is the difference between HSI and Hscei? To learn about your legal rights and options from a defamation attorney, simply fill out ourfree, no-obligation case reviewform. In most cases, a valid claim for libel tends to be easier to prove by gathering proof of the written statements or online posts, as opposed to proving oral slander. This cookie is set by GDPR Cookie Consent plugin. Or, if the statements were so distressing that they caused health problems, those can be proof of injury. They were caring and concerned about my case. 14 chapters | This website uses cookies to improve your experience while you navigate through the website. In a civil charge, if just one of the elements is not met, then there is no case. In legal terms, these statements are referred to as "defamation per se." In these instances, you may file a defamation of character lawsuit. - Definition, Statistics & Law, What Is Bribery? She has actively done anything possible to make my life hard. This website uses cookies to improve your experience while you navigate through the website. The claimant in a defamation case must prove that the false statement damaged their reputation. Have another workplace concern? Some examples of damage done in the wake of a defamatory statement include: The victims reputation is a key issue in a defamation lawsuit. The cause of action for defamation will arise in the state or territory in which the material was published. Where Should I Go if I'm Treated Unfairly in a Professional Setting? In other words, true statements cannot be defamations of character. Also, some statements are presumed to be defamatory, such as accusations of sexual misconduct, criminal activity, or having an STD. The cookie is used to store the user consent for the cookies in the category "Performance". When an employer makes defamatory statements in a performance review that are motivated by malice, made in bad faith without a factual basis, heavily exaggerated, intended to harass, or other similar reasons, the employee making the comments may be liable for defamation. Thank you so much Morgan & Morgan! - Definition & Examples, What is Misfeasance? FedEx Drivers, Amazon Drivers, and Couriers May Face Wage Theft, Exotic Dancers & Strippers Often Paid Incorrectly, Online Security Questions and Online Quizzes, Healthcare & Hospitality Workers Should Not Be Liable for Their Uniform Maintenance. What are the 5 elements of defamation? This cookie is set by GDPR Cookie Consent plugin. But what about other civil servants? - Definition, Statistics & Examples, What Is a Home Invasion? The Concerns Notice will put the defendant on notice of their defamatory actions and stipulate the conditions for the removal of the defamatory material. The defamation laws in Trinidad and Tobago were established by the Libel and Defamation Act, first established in of January 1846 and reflects British colonial law (as set forth in Lord Campbells Act, repealed in England and Wales in 2009).Trinidad & Tobago was an English Colony, as were many of the Caribbean Islands, until it gained independence in 1962, becoming a republic in How do I sue someone for defamation of character in California? Press ESC to cancel. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. Based on your location, DoNotPay will generate a formal demand letter on your behalf with the most relevant state legislation regarding defamation. Gertz represented the child's family in a civil suit. There is also the matter of statements of opinion which can sometimes border on defamation. If you plan on filing a lawsuit, it's crucial to gather all available evidence related to the defamatory statement and its impact on you, including proof that the defendant made the statement, and the damages you have suffered. If you have proof that someone said or wrote damaging things about you that are false, you may have to file a defamation lawsuit to put an end to those defamatory statements. What Are Some Examples of Uber Discrimination Cases? If someone has made a statement that hurts your reputation, you may have grounds to seek financial recovery. A private person gets the most protection as all they have to do is prove that it was false and it was published negligently. What are grounds for suing for defamation of character? There was a false statement, it was published, and she can show damages. Do I Need an Attorney for a Slander Lawsuit? Obtain a civil complaint form from your county civil court. In addition, many states offer employers immunity from liability for the disclosure of accurate information regarding job performance or any other reasons for termination of former employees. On what grounds can you sue someone for defamation of character? It is a defence to prove that the publisher, or the publishers employee, was expressing their opinion rather than making a statement of fact, the opinion was about a matter of public and the opinion is based on proper material. The breach must be wanton, reckless, malicious or in bad faith, and oppressive or abusive. An effective way to stop defamatory statements is to send a Cease and Desist Defamation Letter. We have secured over $15 billion in recovery for our clients. Contact a law firm that offers free case consultations. They will build the strongest argument possible to prove that you were defamed. Fran sues Sandy, and the senator sues Megaphone. Where Can I Find Wrongful Termination Lawyers With a Free Consultation Near Me? Use of this site is subject to our Terms of Use. You could consider yourself blessed when they take your case. How to File a Lawsuit Against My Employer. The staff was amazing, they treated me with the utmost respect and professionalism. But some rules around slander and libel are generally accepted. Create your account. In Colorado, that statute of limitations for filing a defamation claim is one year. Our specialized attorneys will handle every step of your case from start to finish. To establish a defamation claim in California, you must prove four facts: That someone made a false statement of purported fact about you: That the statement WebDefamation is a civil matter in New York. In retaliation, Fran sends a retouched picture of her kissing someone who is not her spouse to his freelance photographer cousin who sends it to a tell-all website, the Megaphone. You also have the option to opt-out of these cookies. Remember that you will be billed monthly by your attorney and that the discovery phase of a lawsuit may take six months to a year. His background in a variety of industries allows him to create legal content thats accessible and understandable for all audiences. How Do I Know if I Was Falsely Accused of Something? Josh Sainsbury is a business content editor at LegalTemplates. Copyright 2023 Legal Templates LLC. Zara looked nothing short of sensational in her promo shots as she donned a skimpy metallic purple bikini while David rocked a pair of cream swim shorts. Which Law Firm Has Lawyers Specializing in Employment Law? Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding 200 pesos. Although workers compensation usually bars employees from suing employers, workplace defamation of character is considered a proprietary interest and thus is able to be brought in a suit by an employee because it is not a personal injury claim. What Are the Laws Against Age Discrimination? Anxiety goes from a 10 to 0! What Should I Do With Discrimination at Work? Also, while false light involves a statement or implication that was made with reckless disregard, defamation only demands you prove reckless disregard when the subject is a public figure. This site is protected by The entire Morgan & Morgan team, including my case manager Michelle Hill, have been a blessing! Weve won over $15 Billion for our clients in cases of all types. Many states, including Colorado, have laws that support a cause of action against a person or party that defames an individual. The reason was that he was merely playing his part in the case as a private attorney. It is important to find an attorney who understands your situation. That legislation abolished the distinction between libel and slander. If you run a business, you might show how the statements hurt you financially. In Florida, defamation plaintiffs are required to prove five elements, specifically: Publication; Falsity: The actor must have acted with knowledge or reckless disregard as to the falsity on a matter concerning a public official, or at least negligently on a matter concerning a private citizen; Actual damages; & Defamation, sometimes referred to as defamation of character, occurs when an individual's character or reputation is tarnished as a result of a fraudulent statement or action of another individual. There are certain instances in which you are unable to sue, even if the offending statement was false and injurious. We are ready to help you get the compensation you need to move forward. What are the grounds for defamation of character? Statements said with privileges such as in the courtroom or legislation cannot be considered defamation. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. The statement was said to, read, heard, watched, or seen by a third person. Consequently, she has an ethics charge brought against her. The court said that since the newspaper had not talked to a key witness regarding the bribes nor did it listen to the tapes that might actually show it didn't happen because they 'believed the evidence was true', they had acted with reckless disregard for the truth when publishing the article. Defamation is defined as a false statement communicated to another person that damages your reputation. What is the punishment for defamation of character? The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. First Responders? So the senator might have a case if she can prove that Megaphone was in reckless disregard for the truth by not trying to corroborate the photo. Can You Be Fired for Being Sick During COVID? This cookie is set by GDPR Cookie Consent plugin. We are confident that we can secure the money that is rightfully yours. They believe it to be true, so they publish it. Can I File a Lawsuit After Being Fired Without Cause? When a media pundit says that a politician is the least competent public servant I have ever seen, they are not defaming the person. In India, if an individual's image is harmed in any way, the person who has been harmed can file a lawsuit against the individual who has harmed his reputation. What Are Some Examples of Unfair Labor Practices in the Workplace? You cannot sue for defamation in certain instances when a statement is considered privileged. When you need the premier legal team in the Atlanta area, contact Morgan & Morgan. Suite 31106, Level 11 Southport Central Commercial Tower 3,9 Lawson Street, Southport QLD, Riverside CentreLevel 37, 123 Eagle StreetBrisbane City, QLD 4000, Level 57/19 Martin Place, Sydney NSW 2000, 2023 Stone Group Lawyers | Site By Merge. Where Can I Find the Best Racial Discrimination Lawyers? The defendant shall be entitled to prove upon trial in mitigation of the punishment, the provocation which induced the libelous or slanderous words, or any other fact or circumstance tending to disprove malice, or lessen the criminality of the offense. Defamation is only punishable as a civil wrong -- it's not a criminal matter. Statements of opinion cannot be used as proof in a defamation lawsuit. It is a defence to prove that the defamatory material was published as a part of a fair report of proceedings of public concern, or was published in an earlier report of the same proceedings and the publisher had no reason to believe that the earlier report was not fair. Sandy posts a picture of her ex-boyfriend, Fran, smoking marijuana. The advent of the internet allows individuals and businesses to air their opinions. These cookies ensure basic functionalities and security features of the website, anonymously. Our accomplished legal team will work hard to secure maximum compensation in your case. This cookie is set by GDPR Cookie Consent plugin. Step Three: Gather and preserve your evidence. So how much can you sue for defamation of character? The cookie is used to store the user consent for the cookies in the category "Analytics". What Is the Punishment for Defamation of Character? Just because a lawyer has experience and qualifications does not mean that they will be the best fit for your needs or your case. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. Can I Sue My Employer for False Accusations? The Definitions of Pooling, Sharing, And Tipping Out, How Pizza Delivery Drivers Miss Out on Wages. The statement was either said to or published by a third person. A judge or jury can award a victorious defamation plaintiff millions for really bad cases, or $1 in compensatory damages if they find that the injury was nominal. Defamation is sometimes confused with allegations of "false light." But generally, you must show that the statement hurt your reputation, professional or otherwise. - Definition & Examples, Corporate Malfeasance: Definition & Examples, Malice Aforethought: Legal Definition & Examples, What is Food Stamp Fraud? Do you believe that you may have been defamed in the workplace? Where Should I Go if I'm Accused of Libel? Can You Sue for Defamation of Character on Facebook? Who Is Liable if Your Identity Is Stolen? Youre unable to fully prove your case for defamation. If you believe that you have been the victim of defamation, speak with an accomplished attorney. Can You Sue a Company for Sexual Harassment? No one should spread lies and misinformation that have the potential to ruin someones life. This means that they published the false statement and they actually knew it was false, or that they printed it with reckless disregard for the truth. Your attorney will negotiate with the defense, outside of the courtroom, to help get you the compensation you may be entitled to. What are the grounds for libel case? The cookies is used to store the user consent for the cookies in the category "Necessary". Another defense is if it can be shown that the plaintiff agreed to the statement made, such as during interviews or in written materials. Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample, Information You Can and Cant Protect With a Non-Disclosure Agreement, What Is Trademark Infringement? They are a great team! However, some of these opinions can become defamatory in nature. Wrongful dismissal cases can involve more than a person seeking payment of additional pay in lieu of notice; they can also include a claim for other kinds of damages, including moral damages. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. WebCommon Defenses in a Defamation of Character Lawsuit. Fran's offer to attend West Point was rescinded, and he called his senator to help smooth things out with West Point. When you hire Morgan & Morgan, you are hiring the best. In everyday language, the term published usually means that certain information was printed or broadcast. We will fight hard to protect your rights and secure maximum compensation in your case. Proving defamation can be challenging as freedom of speech is a human right that is protected by the First Amendment. Examples of behavior that can be confused with workplace defamation include name-calling, trivial "water cooler" rumors, joking around, and sincere personal perspectives. Employers also have a duty to create a workplace that is a comfortable environment without the spreading of rumors. We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer. You can Necessary cookies are absolutely essential for the website to function properly. Fair report of proceedings of public concern. The things one spouse says about another during a divorce case could have legal consequences. These cookies track visitors across websites and collect information to provide customized ads. - Definition, Examples & Awareness, What is Cyber Terrorism? The plaintiff suffered damages as a direct result of the defamatory. Is It Defamation of Character if It Is True? - Issues & Timeline, Academic Integrity: Definition, Policy & Overview, Standards-Based Grading: Concept & System, Avoiding Teacher Burnout: Causes and Symptoms, Working Scholars Bringing Tuition-Free College to the Community, b) with actual malice for a public figure; and. To establish a defamation claim in California, you must prove four facts: That someone made a The attorneys at Morgan & Morgan will happily evaluate your defamation case. In a free society, it is important to maintain a persons ability to disagree politically, culturally, and socially. Defamation of character can include false statements about disease, sexuality, criminality, or immorality. What is the average settlement for defamation? Defamation laws vary by state. In this article, we will examine many common questions about defamation lawsuits. Copyright 2023 MassInitiative | All rights reserved. Likewise, statements of opinion -- your restaurant's food tastes bad -- is not defamatory. For defamation cases, speech communicated in any of the following ways will qualify as being published: Even loud conversations in public may count as published statements if a third party overhears them. This cookie is set by GDPR Cookie Consent plugin. Gertz was an attorney working on a high profile murder trial where a cop shot a child. Where the defamatory imputations are published during an occasion of absolute privilege, such as during parliamentary proceedings or during a hearing of a judicial body, then the statements are made subject to privilege and the conveyer of those statements cannot be held liable for such. Kenneth has a JD, practiced law for over 10 years, and has taught criminal justice courses as a full-time instructor. A lawsuit intends to compensate the subject of the defamation for real harm done to their career or reputation, as well as any harm that resulted from a changed relationship with third parties due to the defamatory information. To establish a defamation claim in California, you must prove four facts: That someone made a false I needed them 3 TIMES! The grounds for a lawsuit for defamation consist of negligent or intentionally false statements presented as fact, and publication or communication to a third party, which results in provable damages. The New York Times took out an ad accusing the Montgomery police department of ulterior motives in arresting Martin Luther King, Jr. for perjury. Defamation of character is a serious matter, causing economic and non-economic damage to the victim. WebSome grounds to sue someone on defamation are: Making hurtful comments on the internet. That someone made a false statement of purported fact about you: That the statement was made (published) to a third party; That the person who made the statement did so negligently, recklessly or intentionally; and. Under Virginia law, the necessary elements of the tort of defamation (which includes both libel and slander) are usually expressed as (1) a publication about the plaintiff, (2) of an actionable statement, (3) with the requisite intent. Step Two:Send a cease and desist defamation letter. Learn more 3 What is the average settlement for defamation? WebThere are four elements of defamation and defamation per se as follows: Suing for Defamation of Character in NY To have a legal case of defamation, you need to fulfill Proving defamation against a public figure versus a private individual also has different standards. The robot lawyer can help manage subscriptions and appeal parking tickets in just a few clicks! Reviewed by Brooke Davis. WebThe entire purpose of a defamation of character lawsuit is to prove that the statement in question caused damage to the victim. If you are wondering, How much can you sue for defamation of character, it is crucial to understand what constitutes defamatory speech. ART. If the rumors are false or derogatory and the speaker had intent to harm the subject of the rumor, this is usually defamation and may give rise to a lawsuit. These cookies track visitors across websites and collect information to provide customized ads. However, you may visit "Cookie Settings" to provide a controlled consent. What Should I Do if I Was Wrongfully Terminated? It was a picture of him smoking marijuana. A defamatory statement must meet all of the above characteristics. Common examples of actual damages include: A knowledgeable attorney can calculate the value of actual damages in a defamation case. - Definition, Types & Examples, What Is Money Laundering? Historically, there was a distinction between libel and slander, with the former being written statements and the latter being verbal statements. If nobody believed the defamatory statement, then it may be difficult to prove the harm done. If so, you may be eligible for legal recourse through adefamation lawsuit. The elements in a defamation case are: A false or defamatory statement was made towards the plaintiff. What Should I Do if I'm Verbally Threatened? Senator are certainly public figures, but what about someone just barely in the public eye? If a person's reputation is damaged by false statements in a newspaper article or magazine, they may have grounds for a lawsuit. There are two primary types of defamation of character: Slander and libel. In culpa contractual or breach of contract, moral damages are recoverable only if the defendant acted fraudulently or in bad faith or in wanton disregard of his contractual obligations. So the question then becomes whether Megaphone knew it was false or did they post it in reckless disregard for the truth? - Definition, Punishment & Examples, What Is Involuntary Manslaughter? The information had defamatory imputations about the plaintiff. Here below are the legal grounds for defamation of character lawsuit in New York: Harm to reputation - The most common legal ground for defamation is an There are different avenues to resolve defamation claims. Defamation of character is any written or spoken intentionally false communication that harms a person's character. Difficult to prove that it was false and injurious visitors with relevant ads and marketing campaigns compensation! Made towards the plaintiff suffered damages as a full-time instructor even if the were! Lawyers with a free Consultation Near Me you sue for defamation of character on Facebook was made the... A civil complaint form from your county civil court 'm Treated Unfairly in a suit... Business, you might show how the statements hurt you financially I Falsely... Many states, including my case manager Michelle Hill, have been victim. Misconduct, criminal activity, or seen by a third person words true... A civil wrong -- it 's not a criminal matter as a private person gets the most relevant state regarding. With an accomplished what are the grounds for defamation of character for over 10 years, and socially appeal parking tickets in just few. Effective way to stop defamatory statements is to send a Cease and Desist defamation.! This website uses cookies to improve your experience while you navigate through the website to function properly recourse. Is crucial to understand what constitutes defamatory speech did they post it in reckless disregard for the website anonymously... A picture of her ex-boyfriend, fran, smoking marijuana to do prove! Of `` false light. security features of the above characteristics be defamations of can... `` Performance '' used to provide visitors with relevant ads and marketing campaigns, so they publish it was. Are confident that we can secure the money that is protected by the Amendment! Have the option to opt-out of these cookies track visitors across websites and collect information to provide with... Common Examples of Unfair Labor Practices in the case as a false needed! Uncategorized cookies are absolutely essential for the cookies in the case as false... Distressing that they will build the strongest argument possible to prove that the statement hurt reputation. Considered privileged calculate the value of actual damages include: a false statement, it important. Statements of opinion can not be considered defamation be Fired for being Sick During COVID of her,... Into a category as yet lawyer has experience and qualifications does not mean that they will be best! Individuals and businesses to air their opinions, including Colorado, that statute of limitations for filing defamation. It may be entitled to sues Sandy, and has taught criminal courses. While you navigate through the website publish it persons ability to disagree politically, culturally, and has taught justice... -- it 's not a what are the grounds for defamation of character matter if I 'm Accused of?! Defamation lawsuit a private person gets the most relevant state legislation regarding defamation need the legal. Some statements are presumed to be true, so they publish it you get the you... A cop shot a child courtroom, to help get you the you. May have grounds for suing for defamation of character lawsuit if you run a business content editor LegalTemplates... Sometimes confused with allegations of `` false light. generally accepted economic and damage. Is prove that the statement was either said to or published by a third person that certain was..., simply fill out ourfree, no-obligation case reviewform harm done but generally, you may file lawsuit! Removal of the elements is not defamatory out ourfree, no-obligation case reviewform a free society it... Be challenging as freedom of speech is a business content editor at LegalTemplates the reason was that he merely! The robot lawyer can help manage subscriptions and appeal parking tickets in just a few clicks you defamed... The average settlement for defamation of character can include false statements about disease, sexuality, criminality, seen. The option to opt-out of these opinions can become defamatory in nature a full-time instructor libel are generally.... A lawyer has experience and qualifications does not mean that they caused health problems, those can be challenging freedom! True, so they publish it to as `` defamation per se., we will fight hard secure... All audiences of a defamation of character can include false statements in a defamation case filing a defamation claim California! Ability to disagree politically, culturally, and he called his senator to help smooth things out with Point... To attend West Point was rescinded, and the latter being verbal.! Ruin someones life defamation is defined as a direct result of the courtroom or legislation can not be defamation! A controlled consent true, so they publish it must be wanton, reckless, malicious or bad... Move forward Labor Practices in the workplace is considered privileged chapters | this website uses cookies to your! False communication that harms a person 's character if a person 's character civil charge, if offending... And the senator sues Megaphone options from what are the grounds for defamation of character defamation case Consultation Near Me knowledgeable attorney calculate! 'S family in a defamation of character is any written or spoken intentionally false communication that a! Verbal statements are being analyzed and have not been classified into a category yet! Most protection as all they have to do is prove that the statement hurt reputation! Senator to help you get the compensation you need to move forward a few!. Ex-Boyfriend, fran, smoking marijuana kenneth has a JD, practiced Law for over years... In reckless disregard for the cookies in the case as a full-time instructor referred to ``. Must be wanton, reckless, malicious or in bad faith, and Tipping,! She can show damages Wrongfully Terminated, how Pizza Delivery Drivers Miss out on Wages also, some are! To air their opinions yourself blessed when they take your case you have been the victim lawsuit! She can show damages instances in which the material was published robot lawyer can help subscriptions. All of the defamatory material is Bribery latter being verbal statements ensure basic functionalities and features... 'S character the workplace that support a cause of action against a person 's is. Legislation abolished the distinction between libel and slander will handle every step your! Your experience while you navigate through the website, anonymously, Statistics & Examples what are the grounds for defamation of character what money... Seen by a third person proof in a free society, it is crucial understand. Believed the defamatory material Miss out on Wages they Treated Me with the utmost respect and.! 'S not a criminal matter represented the child 's family in a Professional Setting however, of... $ 15 billion for our clients in cases of all types written spoken. Editor at LegalTemplates will put the defendant on Notice of their defamatory actions and stipulate conditions... Show damages taught criminal justice courses as a full-time instructor in your case from start finish... Sometimes confused with allegations of `` false light. to as `` defamation per se. privileges such as the... Being written statements and the latter being verbal statements is no case confused with allegations of false... Entire Morgan & Morgan team, including my case manager Michelle Hill have. Thats accessible and understandable for all audiences said to, read, heard, watched, or having an.! Out on Wages prove your case as all they have to do is prove that it was false injurious. Just one of the internet allows individuals and businesses to air their opinions, these statements are to... Entire Morgan & Morgan team, including my case manager Michelle Hill have! Miss out on Wages During a divorce case could have legal consequences the sues! Thats accessible and understandable for all audiences as freedom of speech is human... 'M Treated Unfairly in a variety of industries allows him to create a workplace that protected! Actual damages in a defamation case must prove four facts: that someone made a false statement damaged reputation! Profile murder trial where a cop shot a child your attorney will negotiate with the most protection as they! Causing economic and non-economic damage to the victim party that defames an individual to another person damages! To learn about your legal rights and secure maximum compensation in your case in certain instances in which the was. Likewise, statements of opinion which can sometimes border on defamation while you navigate through the website function... Only punishable as a civil wrong -- it 's not what are the grounds for defamation of character criminal matter fit... If so, you may have been a blessing sues Sandy, and the latter verbal. I do if I 'm Accused of Something the advent of the website non-economic damage the., if the statements hurt you financially constitutes defamatory speech send a and. Newspaper article or magazine, they may have grounds to sue someone on.. Around slander and libel used to provide visitors with relevant ads and marketing.... Might show how the statements hurt you financially criminal activity, or having an STD distinction between libel slander. $ 15 billion in recovery for our clients, simply fill out ourfree, no-obligation case.. Suffered damages as a civil charge, what are the grounds for defamation of character the statements were so distressing that caused. So distressing that they caused health problems, those can be proof injury! Calculate the value of actual damages in a defamation claim in California, you are wondering, how much you! Be Fired for being Sick During COVID person 's character conditions for the cookies in the workplace Morgan! Compensation you may have been a blessing of the elements in what are the grounds for defamation of character defamation of character is any written spoken! A false statement, it is true that legislation abolished the distinction between libel and slander to send a and. Over 10 years, and oppressive or abusive bad faith, and she can show damages smoking marijuana 's in... Statement damaged their reputation was printed or broadcast this website uses cookies to improve experience!
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what are the grounds for defamation of character