Wolf Group LA lawyer Evan Granowitz is an experienced civil litigator who has counseled and represented clients in various facets of litigation, which includes torts.

Defining Defamation

Defamation refers to a false statement, either directly stated or implied to be true, that is defamatory to the reputation of an individual or a group and communicated to a third party other than the plaintiff or claimant, the person defamed.

While it is related to defamation, the public disclosure of facts falls under false light law, or tort of false light. This occurs when private facts, which are evidently not a matter of public concern, are publicly disclosed and the communication of which would be offensive or damaging to the person involved. Evan Granowitz asserts that false light law is intended to protect a non-public person’s mental or emotional well-being and right to privacy rather than a protection of one’s reputation, which, on the other hand, what tort of defamation upholds to protect.

The key difference between false light and defamation would be the essence of truth. If a statement is evidently false and is not supported by substantial facts to prove its accuracy, the statement would fall under a tort of defamation. However, when the statement is not relatively false but misleading, the statement would fall under the tort of false light.

Types and Elements of Defamation

A tort of defamation is categorized as either slander or libel. While both refer to any false statement that attacks the reputation of an individual or group, slander pertains to statements communicated through sound, sign language, or gestures, while libel concerns statements which utilize written words, printed words, graphics, and other forms that do not involve speech or gesture.

A plaintiff must be able to prove the following elements for a claim to be valid:

• statement must be false
• statement was published to a third party
• statement must be damaging
• If the nature of the statement is of public concern and involves a public figure, the claimant must prove actual malice (that the statement was made with complete knowledge of its falsity or that the statement was made with negligence or disregard as to proving whether it is factual or not).

Evan Granowitz’s comprehensive profile may be viewed at www.wolfgroupla.com.