by Long Island Attorney Paul A. Lauto, Esq.
Today's news is overwhelming for a variety of reasons, not the least of which is the abundance of wild, accusatory and seemingly defamatory statements made verbally and in writing. One doesn't have to look any further than our politicians, news reporters and pundits to know that the discourse in our country has reached an all time low, with an almost blatant disregard for our defamation laws. We are now in the era of bilateral communication weaponization where character assassinations, hit pieces and the destruction of reputations have become commonplace. Perhaps the pen and spoken word, truly are mightier than the sword. If this adulterated form of communication continues on its current path, it may well reach a critical breaking point that will open up the flood gates for defamation law suits.
Although defamation laws vary among states, in general defamation is defined as a false statement to a third party causing harm or damage to reputation. Defamation is classified as slander when the communication is spoken or verbal and is classified as libel when in written form. In New York State, the false communication against a private individual must be done at least negligently and published without authorization or privilege. However, defamation against a public person is held to a higher standard and requires reckless disregard or actual malice. In New York State there is a short 1 year statute of limitations for defamation, while many other states have a statute of limitations that is 2 or 3 years.
This brief description of our defamation laws is far from all inclusive, as there are too many caveats and complicating variables in the law to detail in this article. Perhaps that is why many attorneys consider defamation law suits to be difficult to win. Notwithstanding, the disgraceful and blatant disregard we are witnessing today for both reputation and character is unlikely to remain unchecked. All it takes is one successful high profile case and a veritable tsunami of law suits may follow. Choose your words carefully or face the possibility of getting caught in the tidal wave of liability.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
Today's news is overwhelming for a variety of reasons, not the least of which is the abundance of wild, accusatory and seemingly defamatory statements made verbally and in writing. One doesn't have to look any further than our politicians, news reporters and pundits to know that the discourse in our country has reached an all time low, with an almost blatant disregard for our defamation laws. We are now in the era of bilateral communication weaponization where character assassinations, hit pieces and the destruction of reputations have become commonplace. Perhaps the pen and spoken word, truly are mightier than the sword. If this adulterated form of communication continues on its current path, it may well reach a critical breaking point that will open up the flood gates for defamation law suits.
Although defamation laws vary among states, in general defamation is defined as a false statement to a third party causing harm or damage to reputation. Defamation is classified as slander when the communication is spoken or verbal and is classified as libel when in written form. In New York State, the false communication against a private individual must be done at least negligently and published without authorization or privilege. However, defamation against a public person is held to a higher standard and requires reckless disregard or actual malice. In New York State there is a short 1 year statute of limitations for defamation, while many other states have a statute of limitations that is 2 or 3 years.
This brief description of our defamation laws is far from all inclusive, as there are too many caveats and complicating variables in the law to detail in this article. Perhaps that is why many attorneys consider defamation law suits to be difficult to win. Notwithstanding, the disgraceful and blatant disregard we are witnessing today for both reputation and character is unlikely to remain unchecked. All it takes is one successful high profile case and a veritable tsunami of law suits may follow. Choose your words carefully or face the possibility of getting caught in the tidal wave of liability.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com
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