by Amber Goff

Created on: May 09, 2008

According to the Webster's New World Dictionary the definition of defamation is to attack the reputation of; slander or libel. In more simple terms, defamation is to call someone out of their name. If you were to go around and call your mother a child abuser because you were mad at her, when she in fact never hit you out of the laws boundaries, you would be defaming her. If you called your friends boss and told him that your friend has been using drugs for the past year because he betrayed you and that boss gives your friend a drug test and he passes the test, and still continued to accuse him of using drugs you would be defaming him.

Now the real question. When is defamation not really defaming someone? When that person has done something that was not in fantasy land. If a woman engaged in sexual orientation with numerous men in one night and was paid for her activity just once, you called her a prostitute, and she sued you for defamation of character, she would lose her case. Why? Because prostitution is defined as someone who engages in sexual acts for pay. It does not matter if it was once, twice, or thirty times, she still committed prostitution. If you went around the entire neighborhood saying the man that just moved down the street is a child molester and he in fact has been charged with child molestation, whether it was a year ago or thirty years ago, you would not be defaming his character. You are what you are regardless of when, why, where, or how many times the act was committed.

Say your spouse cheated on you with another person and ultimately the marriage ended in divorce. The spouse has a new significant other and you tell that person he is unfaithful. Would you be defaming their character? No, because that person was not faithful to you so that makes them an unfaithful person. If your marriage ends in divorce and you told the new significant other about them cheating on you out of spite or jealousy and it never truly happened then you would be defaming that person.

It seems pretty easy to determine if defamation is true or unjust. However, it does get pretty tricky. If someone tries saying you defamed them by calling them an idiot, that is not defamation, it is an opinion. Everyone is entitled to opinions. Defaming someone is calling someone out of their name. It is giving someone a reputation around the community or even larger areas that they are someone they are not. If you say someone is a child molester when they in fact are not, the entire community is going to look down on that person and be extremely nervous around him or not want him around at all. If you tell someone a certain person has embezzled money before and just hasn't gotten caught, and it is not the truth, then that person will be looked down upon and may not be able to find a job in which he handles someone else's financial needs.

If you are involved in a lawsuit in which the plaintiff is suing you for defamation of character you must be able to prove in full extent that what you said about that person is the truth. As long as you can prove your case and prove that your words were true then nothing can be done and the case would be dismissed. However, if you can not prove that what you said was true then you may be paying for your words.

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