Attack on Reputation

When someone attacks your reputation, what can you do? Whether the harmful comMent is against yourself personally or your business, it is hard to set the record straight and recover once the word has spread. For centuries, a person's name has been highly valued. One of the greatest fears of individuals was that they would bring disgrace to their family's name. Because the family name was very important for marriage and business, it is imperative it not be tarnished. To protect from attacks on reputation, legislation was written providing an avenue for prosecution.

Attack on Reputation

Attack on Reputation

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Attack on Reputation

Attack on Reputation

When a person attacked by an untrue stateMent, the legal term is defamation. There are two classifications of defamation depending upon the medium of communication used by the publisher. If the message iscommunicated in an unfixed mediums such as by speaking, it is known as slander. If the message is communicated via a fixed medium such as a newspaper, then it is termed libel.

In 1964, the u.s. Supreme Court declared that a public figure most tests that the defamatory stateMent was made with actual malice. This was during the cases of New York Times V Sullivan. This meant that the person who made the statement had to be aware that it was false and despite that knowledge decided to spread the information. This clarification was meant to protect people who make false claims but do not realize the information is false but target those who act in a malicious manner for prosecution. The Supreme Court did now want anyone to feel fearful.

Before you file alawsuit, it is important to weigh the costs and benefits. While you may be angry, a case may cause you more harm than good depending upon the scope of the defamation. If only a few people know about the defamation, a case would raise greater public awareness which could cost you more than you originally had just let slide. Media attention often focuses on problems which are seen as more exciting than the solution. Therefore, while several articles may print about your case, it is possible little coverage will show the outcome.

If the case is very complex, your attorney fees might be high. Therefore, the awarded amount might be significantly reduced once factoring legal costs. It is important to consult an experienced attorney to see if your case is worth pursuing.

Attack on Reputation