What is Defamation?
Defamation is a legal term that refers to a false and damaging statement made about someone else that is communicated to a third party. The statement can be made in writing (libel) or orally (slander), and it must harm the person's reputation. To be considered defamation, the statement must be both false and damaging.
How Does Defamation Law Work in Oregon?
In Oregon, defamation law is codified under the Oregon Revised Statutes (ORS) Chapter 31. To successfully bring a defamation claim in Oregon, the plaintiff (the party bringing the lawsuit) must meet certain elements.
First, the plaintiff must prove that the defendant (the party being sued) made a false statement of fact about the plaintiff. The statement cannot be an expression of opinion, as opinions are protected under the First Amendment. However, statements that imply facts can be considered defamatory if they are false.
Second, the plaintiff must prove that the defendant communicated the false statement to a third party. The statement could be made to anyone, as long as it was not made to the plaintiff themselves.
Finally, the plaintiff must prove that the false statement caused harm to their reputation. The harm could be economic, such as lost income, or non-economic, such as damage to their standing in the community.
Defamation Per Se and Defamation Per Quod
In Oregon, there are two types of defamation: defamation per se and defamation per quod. Defamation per se occurs when a false statement, without the need for additional information or context, is inherently defamatory. Examples of this could include accusations of criminal activity, sexual misconduct, or dishonesty.
Defamation per quod, on the other hand, requires additional information or context to be considered defamatory. For example, a statement that someone is "lazy" may not be defamatory on its own, but if additional information is provided that suggests the person is not performing their job duties, it could be considered defamatory per quod.
Statute of Limitations for Defamation Claims in Oregon
In Oregon, the statute of limitations for defamation claims is one year from the date the defamatory statement was made. If the plaintiff waits longer than one year to bring a claim, it may be barred by the statute of limitations.
Defamation and the First Amendment
Defamation law must be balanced against the First Amendment's guarantee of free speech. In many cases, the court will weigh the plaintiff's right to protect their reputation against the defendant's freedom to express themselves.
In Oregon, to balance these competing interests, the state has adopted a standard of fault. If the plaintiff is a public figure or public official, they must prove actual malice on the part of the defendant. Actual malice means that the defendant either knew the statement was false or acted with reckless disregard for the truth.
If the plaintiff is a private individual, they only need to prove that the defendant acted negligently, meaning they failed to exercise reasonable care in determining whether the statement was true or false.
Defamation Defenses
There are several defenses available to defendants in defamation cases. These defenses include:
Truth: If the defendant can prove that the statement was true, it cannot be considered defamatory.
Opinion: Statements of opinion are generally protected under the First Amendment, as they cannot be proven true or false.
Absolute Privilege: Communications made in the course of official proceedings, such as statements made during a trial or in legislative hearings, are protected by an absolute privilege. This means they cannot be considered defamatory, even if they are false.
Qualified Privilege: Communications made in the course of a social or business relationship, such as job references or credit reports, are protected by a qualified privilege. However, if the statement is made with malice or in bad faith, the privilege can be lost.
Conclusion
Defamation law is complex and nuanced, but it is critical to protecting your reputation. If you are in Oregon, it is important to understand the state's laws and how they apply to your situation. By taking the time to educate yourself, you can ensure that you are able to protect your reputation and defend yourself against false accusations.
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