Defamation is the communication of a statement that has the potential to give a negative image to an individual, product, business, group, nation, or government. The claim may be implied to be factual or expressly stated as fact. Defamation is also known as slander when referring to false and defamatory spoken words and libel when referring to written words, images, or other content published in some other manner. Other words for defamation include calumny and vilification.
Defamation can occur when false information is publicized. Usually, in order to seek legal action, the claim must be false, and the publication must be communicated to a person other than the person who was defamed. Defamation is not the same as the public disclosure of private facts, which occurs when someone reveals private information about another person to the public, the content of which would offend the person in question. Misleading publicized information that is not technically false might violate a false light law.
In the United States, the definition of libel and slander varies between different states and under federal laws. Most states have laws that state certain types of statements are defamatory per se, or defamatory with no need to prove that the statement is defamatory. Iowa law has a provision that requires those who claim defamation to request that the media organization retract the statement before the media can face charges intended to punish it for wrongdoing.
Therefore, the plaintiff can claim damages for the losses he or she suffered because of the defamatory statement, but cannot seek additional damages with the intent to punish the media organization unless the organization refuses to retract the statement or makes an inadequate statement of retraction.
If you have been the victim of defamation, the Iowa personal injury lawyers of LaMarca Law Group, P.C. can help you fight for compensation for the damages you have suffered. Contact our offices today at 877-327-2600