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by TheGreatness25 » Sat Aug 24, 2019 12:20 pm
I don't know if whatever state is in question, has a more narrow interpretation, but federal defamation is communicating an untrue statement about someone to someone else in a way that communicates authority (i.e. not saying "in my opinion"). Slander is verbal, libel is written.
Defamation, in fact, does have to be false for the simple fact that if it were true, it would be considered news.
As defamation is a tort (civil), there must be damages for the victim to be able to successfully recoup something. Damages are presumed for certain situations, such as being accused of a crime, being accused of having a loathsome communicable disease, or being accused of sexual lewdness.
Here's where it gets a little tricky: for a public figure (celebrities, politicians, people of high standing in a community), defamation is harder to prove because it must be determined that the alleged defamer knew that the information that he or she communicated was false. This means that even if the accusor went around saying that they knew for a fact that the accused robbed a bank, for example, if the accusor really believed it, the public figure accused couldn't recover damages while a non-public-figure accused could.
I'm sorry, I fell off on what led to this, but had to clarify on defamation. And yes, bar exam passed. I'm not an expert on this particular field, but that's the bare bones explanation that must be learned for the bar.