Legal Question in Business Law in Ohio
libel
What administrative agency would cover employment issues of libel and slander?
1 Answer from Attorneys
Re: libel
Dear Inquirer: You may have to resort to the justice system (court) in that no federal, state, or regional administrative agency is, in my experience, authorized to address such grievance of the rights of an individual or business entity.
By definition: ***{�10} Defamation, which includes both libel and slander, is a false publication that causes injury to a person's reputation, either exposing the person to public hatred, contempt, ridicule, shame or disgrace, or affecting the person adversely in his or her trade of business. Roe ex rel. Roe v. Heap, Franklin App. No. 03AP-586, 2004-Ohio-2504, at �18, citing Sweitzer v. Outlet Communications, Inc. (1999), 133 Ohio App.3d 102, 108. (Page 5) Slander refers to spoken defamatory words, while libel refers to written or printed defamatory words. Id., citing Mallory v. Ohio Univ. (Dec. 20, 2001), Franklin App. No. 01AP-278. ***
Miller v. Cent. Ohio Crime Stoppers, Inc.,
2008-Ohio-1280. (CA10 FRANKLIN, Decided March 20, 2008.)
{�16} ***Under Ohio law, truth is a complete defense to a claim for defamation. Ed Schory & Sons, Inc. v. Soc. Natl. Bank (1996), 75 Ohio St.3d 433, 445.
{�17} In the context of a defamation claim, the defense of privilege applies to statements that are "made in good faith on any subject matter in which the person communicating has an interest, or in reference to which he has a right or duty, if made to a person having a corresponding interest or duty on a privileged occasion and in a manner and under circumstances fairly warranted by the occasion and duty, right or interest. The essential elements thereof are good faith, an interest to be upheld, a statement limited in its scope to this purpose, a proper occasion, and publication in a proper manner and to proper parties only." Hahn v. Kotten (1975), 43 Ohio St.2d 237, 244. *** Franklin v. Miami Univ., 2008-Ohio-2446. (Court of Claims of Ohio, Decided May 7, 2008.)
Consult experienced legal counsel for guidance and proper representation. Good luck! Sincerely, J. Norman Stark
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