3- Disparagement and Defamation choice

Explain the differences between disparagement and defamation.

a. Define malice as it is used in connection with defamation.

b. Discuss the defenses that are available to claims of disparagement and defamation.

ANSWER

Defamation and Disparagement Choice

Defamation and disparagement are common civil wrongs with society. This paper identifies the differences between defamation and disparagement as distinctive lawsuits and the various defenses attached to them.

The differences between disparagement and defamation

Defamation is wrong that contravenes the reputation of a person. In contrast, disparagement as a civil wrong occurs when a derogatory statement is made about a person’s property extending to his business purposely to discourage others from dealing with them (Find Law, 2016). In other terms, it is a tortious interference on the reputation of a particular product or service as opposed to defamation that contravenes on the reputations of the very person sued to be the plaintiff.

The definition of malice as used in connection with defamation

An act of malice in the context of defamation is a false publication of statements knowingly or acting recklessly in disregard for the statements of truth in contravening the reputation of a person (Digital Media Law, 2014). Malice is determined when a plaintiff is in a position to prove with evidence that the defendant was aware that the published statements were of false information or entertained critical doubts on the truth of their publications.

Various defenses available to claims of disparagement and defamation

The various defenses available for defamation and disparagement includes the truth. Proving the truth and accuracy of a statement renders such a statement non-defamatory against any third party. A confirmation that the alleged statement was a mere statement of opinion also revokes their defamatory nature on the grounds of a person’s mere opinion. A person’s consent to publishing a defamatory statement is also defense with legal repercussions (Nolo, 2020).  A person’s absolute and qualified privilege in making a defamatory statement as they make such statements is a defamatory and a disparagement defense since they are immune to the defaming information. Finally, a retraction of the alleged defamatory statement by the defendant is a defense to the defamatory laws. Defamation and disparagement are, therefore, distinctive civil wrongs that must be heard on their own subject basis.

References

Digital Media Law (2014). Proving Fault: Actual Malice and Negligence. Retrieved from:             http://www.dmlp.org/legal-guide/proving-fault-actual-malice-and-negligence

Find Lwa (2016). Commercial Disparagement. Retrieved from:                  https://smallbusiness.findlaw.com/business-laws-and-regulations/commercial-        disparagement.html

Nolo (2020). Privileges and Defenses in Defamation Cases. Retrieved from:             https://www.nolo.com/legal-encyclopedia/privileges-defenses-defamation-cases.html