TECH: Defamation?
Nov. 4th, 2009 02:17 pm![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png)
Original Posting 27 Oct. 2009
Writer's Digest, December 2006, pages 71-72, has an article by Amy Cook with the title, "Talkin' Trash." The focus is on understanding when something you say might be considered defamation or not. It's not easy to tell sometimes...
"Defamation is publishing a false, derogatory statement about someone as fact. There are two key elements here: is the statement able to be proved true or false, and is it insulting? Neither is as simple as it may first appear."
The key here is that language changes. Calling someone a pimp used to be a definite insult, but in certain circles, it has become a compliment. So what are the key characteristics to consider?
You really don't want to take it to court.
[Might be worth noting that these factors are somewhat dependent on the country -- I believe I have heard that British law has a somewhat different set of hoops to jump through.]
Writer's Digest, December 2006, pages 71-72, has an article by Amy Cook with the title, "Talkin' Trash." The focus is on understanding when something you say might be considered defamation or not. It's not easy to tell sometimes...
"Defamation is publishing a false, derogatory statement about someone as fact. There are two key elements here: is the statement able to be proved true or false, and is it insulting? Neither is as simple as it may first appear."
The key here is that language changes. Calling someone a pimp used to be a definite insult, but in certain circles, it has become a compliment. So what are the key characteristics to consider?
- Target audience. How do they use the language? Do they consider the statement as fact?
- Fact or funny? Make sure that slang is clearly fanciful.
- Intentions don't really matter. If the reader thinks it isn't a joke, it doesn't really matter what the writer intended. If it can reasonably be understood to be a factual statement, it's not an opinion, it's a fact.
- Context connotations. Does your story suggest to reasonable people that it isn't intended to be literal?
- Public or private figures. If the target of the defamation is a public figure, the burden of proof goes up -- they have to show actual malice.
You really don't want to take it to court.
[Might be worth noting that these factors are somewhat dependent on the country -- I believe I have heard that British law has a somewhat different set of hoops to jump through.]