1/24/2024 0 Comments Masafi icashIf no reasonable reader would perceive in a false and unprivileged publication a meaning which tended to injure the subject’s reputation in any of the enumerated respects, then there is no libel at all. Superior Court (1986) 181 Cal.App.3d 377, the court said: Defamatory language not libelous on its face is not actionable unless the plaintiff alleges and proves that he has suffered special damage as a proximate result thereof.” Civ. “A libel which is defamatory of the plaintiff without the necessity of explanatory matter, such as an inducement, innuendo or other extrinsic fact, is said to be a libel on its face. This doctrine of libel per se has long been established in California. But if it is defamation per quod, i.e., if the defamatory character is not apparent on its face and requires an explanation of the surrounding circumstances (the “innuendo”) to make its meaning clear, it is not libelous per se, and is not actionable without pleading and proof of special damages. Where the statement is defamatory on its face, it is said to be libelous per se, and actionable without proof of special damage. 793 – 794.Ī special meaning has been given to the term “ libel per se” in California. The plaintiff is always entitled, in the absence of a good defense, to a judgment for at least nominal damages, to expose the false charges and vindicate his or her reputation. If the matter is defamatory, and is in written or other permanent form so as to amount to a libel, it is considered actionable per se i.e., injury is presumed to follow from the act, and the plaintiff is not required to plead or prove special damages. As stated above, libel is more permanent in form, and is considered more serious and harmful. Under the general common law rule, libel and slander have different effects. Common Law Rule: All Libel Is Actionable Without Proof of Special Damage. Code § 45 defines libel as “a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.” See Savage v. Electronic mail and web site postings are textbook examples of libel.Ĭiv. Code § 45.) Slander is the more transitory form, generally restricted to oral statements and gestures. Libel includes the more permanent forms of defamatory matter in California, it consists of a “writing, printing, picture, effigy, or other fixed representation to the eye.” (Civ. However, evidence of malice is relevant to obtain punitive damages or to overcome certain privileges. But malice, or actual ill will, is not an element of defamation. (2002) 97 Cal.App.4th 798, 809.īecause libel and slander are intentional torts, the defendant must have intended the publication. Code § _.”) The tort involves (a) a publication that is (b) false, (c) defamatory, and (d) unprivileged, and that (e) has a natural tendency to injure or that causes special damage. (California Civil section 44 herein, “Civ. The reader is advised to first read our article on Torts before proceeding with this article.ĭefamation is an invasion of the interest in reputation. There is also a discussion of the usual effective tactics in combating actions based on defamation. This article shall outline the basic requirements to prove each and the particular problems that arise when one alleges these causes of action. The two types of Defamation are verbal (slander) and written (libel.) The requirements to prove each and to show damages for each differ markedly. Legally, when one files suit for damages based on such causes of action, one encounters legal requirements that are significant in order to prevail.ĭefamation is the actual word to describe a communication (“publication” is the legal term) that is untrue and harms another person. When used in day to day language, most people consider it merely saying something untrue about someone. Libel is one of those legal causes of action often considered as appropriate by the lay person but, in reality, a difficult and complex matter to allege and prove.
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