Defamation Laws in California – Slander - California CIV. Code 46 and CIV. Code 47
Defamation is a lawsuit that is filed by someone (Let's say, Individual A) against another person (Individual B) With the approval of his/her criminal attorney, this Individual A can proceed when he/she can prove the following:
- Individual B made a false statement that was a purported fact about Individual A.
- This untrue statement was made by Individual B to a third party (Individual C)
- The particular statement was made out of the negligence and recklessness of Individual B and he/she said it on purpose.
- Therefore, this certain statement made intentionally by Individual B, tarnished, and caused harm to Individual A's reputation in public.
Defamation By Slander - California CIV. Code 46
According to the state of California, slander is a verbal type of defamation. A person can be charged with slander by a defense attorney under the California CIV. Code 46, when he has orally said something false in nature. This statement is recorded in any form of an unprivileged publication. It could be on the media, radio, television, etc. However, certain conditions must be fulfilled for the case to be termed legitimate in court. They are the following:
- The statement should charge, indict, convict, or punish the person in question with a certain crime.
- The statement should assign the person as a contagious or infectious disease.
- The defamatory statement generally disqualifies the other person's profession, business, trade, organization by dismissing him concerning what is required for his profession, business, or trade. This will be harmful to an individual as it may damage his profits.
- A statement could also cause the person actual damage. Your defense lawyer can guide you on due process further with legitimate proof.
The Difference Between A Privileged Publication And An Unprivileged Publication - California CIV. Code 47
Simply put, for a statement to be termed as defamation, it must be unprivileged. Any criminal attorney in California will tell you that the natural defense is to prove it to be a privileged publication instead. So, let's define privileged publication to understand what is not defamatory in detail. According to this section, a publication is said to be privileged if:
- The broadcast was made in official duty and it followed a proper discharge.
- The publication was made during a legislative, judicial or an official proceeding that has been authorized by the law
- A discourse that was continued without any malice or distaste with the interested individual is privileged. Here, it is important to note that the person must be interested, and also claim on reasonable grounds to affirm that the communication was genuine, except when:
- Allegations in affidavits of marriage dissolutions, legal separations.
- Intentional alterations or destructions of proof or evidence will not be considered privileged.
- It will also cease to be a privileged publication if they concealed an insurance policy.
- The other condition for the publication to be considered privileged is the common interest privilege where the interested person requests more information. This applies to any sort of communication that does not involve malice or wrong intentions, in which case, the privilege will not remain. This also applies to:
- A discussion about the qualifications or job performance of an applicant to be employed that is based on hard evidence and facts by a current or former employer to someone who may be the employee's prospective employer.
- A sexual harassment complaint made by an employee towards an employer without false intentions and malice, having credible proof. This particular communication is then without any malice and legitimate.
- The law authorizes a former or current employer to legally respond if they decide to hire or re-hire a former or current employer, if they choose to not hire the employee, they will have to answer if the decision was because of the employee's involvement in sexual harassment.
Something Sounds Familiar? Reach Out To A Criminal Defense Attorney
Defamation can prove to be extremely damaging to a defendant. If you are a resident of California who needs assistance for the same please reach the Law Office of Raoul Severo for a free of cost first consultation by writing to us and mentioning the coupon code for attorneys: CriminalDefense_07-20
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