Bisexuality and Defamation? Say What?
Published On: May 14, 2011
Recently, a person asked the following question on www.avvo.com:
My Answer: The following answer applies to California law. I believe that the general principles are the same throughout the U.S. but, to be sure, you should speak to an attorney licensed to practice in your state.
In order to be sued for defamation, your ex-boyfriend would have to prove ALL of the following:
The elements for a cause of action for defamation are:
- A false and defamatory statement concerning the plaintiff (i.e. your boyfriend)
- An unprivileged communication to a third party
- Fault by the defendant amounting at least to negligence
- Special harm, damage to reputation, or the actionability of the statement irrespective of any special harm. Damages
If what you wrote is true, the analysis would stop at #1 above. However, if your boyfriend makes a claim against you, then you will need a lawyer to defend your rights.
Defamation cases are very, very tricky and, because emotions run high.
But, remember, truth is an absolute defense in a defamation case.
Click here to read an in depth analysis of libel and slander which are the two different types of defamation.