A legal claim based on asserting something about a person that is shared with others
and which causes harm to the reputation of the statement’s subject (the legal elements
and applicable defenses vary by jurisdiction).
Commentary:
- Defamation can be conveyed through a range of media, including visually, orally, pictorially or by text.
- In the United States, supported by First Amendment jurisprudence, the burden of proof to establish defamation is on the person alleging they have been defamed.
- In other jurisdictions, such as Europe, the burden of proof may be on the defendant to establish they did not commit defamation.
- These differences in legal approach and levels of associated legal risk may influence the takedown processes for defamation disputes adopted by online services in various localities.