The Who, What, Where, When, Why, and How of Defamation in Idaho
Has someone spread malicious rumors or spoken outright lies about you? Has it harmed your personal relationships, business reputation, or ability to earn a good income? If so, you may have a case for defamation. However, the best way to win your case for defamation in Idaho is to understand the basics of what it is, how you bring a claim, and what a good case looks like. To help you do that, here are the who, what, where, when, why, and how of defamation.
What Defines Defamation
Defamation is defined as "the act of making untrue statements about another which damages his/her reputation." One key to defamation is that the statement must be untrue. If a customer leaves bad reviews of your services based on their actual experience, the result is damaging but it is not defamation. However, if they make up a story in order to leave a bad review, they may have defamed you.
Who Can Defame and Be Defamed
Just about any Idaho resident can sue for defamation. Minors may be represented in court by an appointed adult who serves as their proxy. Adults may sue other individuals, corporate entities, and out-of-state parties if the defamation occurred within the state's purview.
Who can be sued? Again, anyone can make false statements. However, you generally cannot sue if the statements were true, were made under legal privilege, were made in good faith, or were not intended to harm you.
Where Defamation Can Happen
In the modern world, defamation can happen in many ways. In general, all that is required is that the statement be false and that it be 'published' or spoken to at least one other person. Spoken defamation is slander, and written defamation is libel.
For example, slander can occur if a business competitor spreads lies about you, tells a potential lender that you've committed fraud, your neighbor tries to ruin your house sale through lies, or your ex says you committed immoral behavior. Libel includes things like false social media posts by neighbors, fake reviews on the internet, or lies in written advertising by a competitor.
When Can Sue for Defamation
In Idaho, most defamation cases have a two-year statute of limitations. This means your case must generally be filed within two years from the date of the alleged defamation incident. You may have longer, though, in certain cases. For instance, the clock may pause if you are a minor who cannot legally bring your own case to court.
Why Economic Damage is Important
There are three broad categories of defamation in Idaho. The first is the standard defamation of a private individual. The plaintiff must prove that they have suffered some kind of economic loss—such as job loss, reduced income, or additional expenses—due to the defamation. Simply being defamed with no financial suffering may result in little or no compensation.
The second category is defamation per se. This type of defamation is so egregious that it is considered malicious on its face and requires no actual economic damage. Defamation per se includes things like accusations of criminal acts, of having a taboo disease, or of moral turpitude.
Finally, there is defamation of a public figure. In these cases, the public figure may have to prove that the slander or libel was malicious in intent.
How You Can Start a Case
Now that you know more about defamation, do you have the makings of a successful case? Find out by meeting with Hart Law Offices, PC. We'll work with you to identify the best way to get the legal relief and compensation you need to recover from whatever damaging lies have been told about you. Call us today to make an appointment.
