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What is Defamation per Se

Developing Safer Online Environments for Children: Tools and Policies for Combatting Cyber Aggression
Most states in the US have determined communication types that are so damaging to individuals’ and organizations’ reputations that the statements are false doesn't have to be proven. It is enough simply to prove that they have been published in order to prevail on a suit for defamation. Types of statements that can result in defamation per se vary by state. They include claiming someone suffers from a “loathsome” disease (which has come to include allegations of mental illness), engages in “abnormal” sexual behaviors, engages in criminal activity of various kinds, or making statements that are so extreme that the allegation itself is likely to injure one’s reputation in their trade, business or profession.
Published in Chapter:
Troll Farm: Anonymity as a Weapon for Online Character Assassination
Leslie J. Reynard (Washburn University, USA)
DOI: 10.4018/978-1-7998-1684-3.ch010
Abstract
Anonymity can create cowards. Perceptions of mistreatment can create an urge for revenge. And online social media platforms create opportunities to exact vengeance. This chapter provides an overview of online character assassination as it has evolved within a profusion of social media sites offering forums for uncensored airing of opinions. When opinions constitute political speech, they can be life-threatening. When opinions are commercial speech rating character and competence of professionals, digital defamation can threaten livelihood. In commercial arenas, victims often feel helpless to protect their reputations; however, some legal remedies may be available. This essay investigates the nature of abusive communication online, the role anonymity plays in digital attacks, and psychological characteristics associated with trolls and cyber-bullies. Case studies of individuals' efforts to defend themselves from online character assassination illustrate concepts discussed and strategies being used for online reputational self-defense.
Full Text Chapter Download: US $37.50 Add to Cart
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Troll Farm: Anonymity as a Weapon for Online Character Assassination
Most states in the US have determined communication types that are so damaging to individuals’ and organizations’ reputations that the statements are false doesn't have to be proven. It is enough simply to prove that they have been published in order to prevail on a suit for defamation. Types of statements that can result in defamation per se vary by state. They include claiming someone suffers from a “loathsome” disease (which has come to include allegations of mental illness), engages in “abnormal” sexual behaviors, engages in criminal activity of various kinds, or making statements that are so extreme that the allegation itself is likely to injure one’s reputation in their trade, business or profession.
Full Text Chapter Download: US $37.50 Add to Cart
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