Defamation per se

来源: 于 2024-05-01 08:31:59 [博客] [旧帖] [给我悄悄话] 本文已被阅读：次

https://en.wikipedia.org/wiki/Defamation

Defamation per se[edit]

Many common law jurisdictions recognise that some categories of statements are considered to be defamatory per se, such that people making a defamation claim for these statements do not need to prove that the statement was defamatory.[50] In an action for defamation per se, the law recognises that certain false statements are so damaging that they create a presumption of injury to the plaintiff's reputation, allowing a defamation case to proceed to verdict with no actual proof of damages. Although laws vary by state, and not all jurisdictions recognise defamation per se, there are four general categories of false statement that typically support a per se action:[51]

  1. accusing someone of a crime;
  2. alleging that someone has a foul or loathsome disease;
  3. adversely reflecting on a person's fitness to conduct their business or trade; and
  4. imputing serious sexual misconduct.

If the plaintiff proves that such a statement was made and was false, to recover damages the plaintiff need only prove that someone had made the statement to any third party. No proof of special damages is required.