Common Law Defamation

Common law defamation refers to making false statements about someone that harm their reputation. It encompasses two main types: slander (spoken defamation) and libel (written defamation). To prove defamation, the affected person must show that the statement was false, damaging, made with negligence or malice, and that it referred to them. Defamation laws aim to balance protecting individuals' reputations with the freedom of speech. It’s important to note that opinions cannot be defamed, only false statements of fact can lead to a defamation claim.