BA623L1A6 - saying that a person is unchaste or making a...

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BA623 Health Services Law and Policy Lesson #1 Assignment #6 Read the case 'Accusatory Statements Not Defamatory' on page 42-43 of your text. 1. Explain what a plaintiff must prove in order to establish an action for defamation. Defamation of character occurs when false statements are made about one person to a third (or more) person that can damage the person’s reputation, character, or business. This might entail monetary loss or loss of business/employment. Giving an opinion or making a true statement, even if it is not flattering, does not result in defamation of character. In order to prove defamation, the known falsehood must be communicated to at least one other person (third party) and that communication must cause actual harm or damages in some way. No proof is needed of harm when it involves, as the text points out, accusing a person of a crime, accusing a person of having an abhorrent disease (a sexually transmitted disease, for example),
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Unformatted text preview: saying that a person is unchaste, or making a statement about a person’s profession or business. In the healthcare field, reporting communicable diseases to the health department as required by law does not result in defamation of character. 2. How does libel differ from slander? While both libel and slander involve defamation of character, their forms vary. Both involve false information, which can damage a person’s reputation or business, but slander involves oral communication while libel involves written communication. Slander involves making statements in a transitory form, typically by spoken word. With the prevalence of electronic media, this can also be used to defame character. False statements made in online chat rooms may be considered libel. Libel is making false statements in written form in a durable medium such as a newspaper, magazine, or a picture/cartoon....
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