Basic Elements of a Cause of Action for Defamation

Somewhat simplistically, there are four elements essential to a cause of action for defamation:

(1) a false and defamatory statement concerning another;

(2) an unprivileged publication of the statement to a third party;

(3) if the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and

(4) damage to the reputation of the plaintiff, whether actual or presumed by law.

It is especially significant in the cyberspace context that under traditional principles of libel law, a "republisher" who repeats a libelous statement that was first made by someone else may itself be liable for the defamation.

LINKS:

Digital Defamation: An Overview

The Standard of Care for Electronic Information Providers

Articles Concerning the Standard of Care for Defamation Generally

Legislative Initiatives Relating to the Standard of Care Issue

Procedural and Jurisdictional Issues