An old proverb states that “A lie can travel halfway around the world before the truth can get its boots on,” and that certainly can be true. Those words can truly resonate with people who have had defamatory statements spread around about them or their businesses.
Read on to learn more about what constitutes defamation and why you should fight back.
Is it libel or slander?
Two types of defamation are libel and slander. But which is which? Slander involves defamatory statements that are expressed verbally. Libel involves published words that defame.
But don’t let the word “publish” confuse you because that can be anything from social media posts to comments left on websites (or dishonest business reviews).
What you need to know
If the alleged defamatory statements are true, you cannot prevail in a court of law because truth is an absolute defense to defamation claims. Courts can even award damages if the declarations were only “substantially true.”
You also must demonstrate how these libelous words caused you damage. Actual damages include loss of compensation, income and contractual business. One example of these could be the lost revenue from a motel that was falsely reported to be infested with bedbugs.
Other types of damages
Courts may award special damages for the expenses of treatment from any psychological or emotional distress arising from the fallacious allegations. If the libel is especially egregious, a court can award presumed damages without requiring plaintiffs to submit proof of losses.
Finally, there are punitive damages awarded by the court. Punitive damages awards typically are only used when the defendants’ actions were either done maliciously or in reckless disregard for the defamed business or individual. These damages can ultimately swell a damages award to six or seven figures.
Is it time to fight back hard?
No one wants to see their stellar reputation trashed unfairly or their business having to bear the brunt of defamatory allegations. Fight back to defend your good name or your corporation’s positive image.