Legal Question in Civil Rights Law in New York

If someone disparages the reputation of a person verbally, it is slander. And if someone disparages the reputation of a person in writing, it is libel. Both are forms of defamation and are potentially actionable.

In order for me to evaluate whether the "negative light" in which you were portrayed would rise to the level of defamation, I would need more details, including, most notably, the actual words that were used.

In the meantime, some general rules may be helpful. First, in order to constitute defamation, the depiction of the person must be untruthful; thus, truth is an absolute defense to defamation. Second, the defamatory statements must be more than mere opinion. Third, the defamatory statements must (with certain exceptions) be something more than suggestive of the fact that on one particular occasion the person did something wrong. Fourth, generally there must be actual damage that occurred (although there are several categories in which no actual damage need be shown).

If you would like, you may contact me and we can together evaluate whether what was blogged about you would constitute defamation. I can be reached at (212) 791-6240 or, via e-mail, at [email protected].

Good luck to you.