Which of the following is a characteristic of defamation?

Prepare for the Torts Bar Exam with an interactive quiz. Utilize comprehensive flashcards and diverse questions, each paired with hints and detailed explanations. Master your understanding and ensure success!

A fundamental characteristic of defamation is that the statement in question must be published to a third party. This means that for a defamation claim to be valid, the harmful statement must be communicated to someone other than the person being defamed. This publication element is crucial because it underscores that the harm caused by the statement can only occur if others are made aware of it; if no one else hears or sees the statement, there is no reputational damage to the party claiming defamation.

In addition, the requirement for publication emphasizes the importance of protecting an individual's reputation within their community or society at large. If the statement is only known to the defamed person, it does not affect their reputation in a way that the law seeks to remedy.

While the truth of the statement is relevant to the defense against defamation claims, the primary requirement is publication. A harmed party's consent is not a characteristic of defamation, as consent would typically negate the claim; and anonymity of the statement is not a requirement, as defamation can occur regardless of whether the statement is made anonymously or not.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy