Defamation or Gossip Law?

"Jamie told Jesse that Frank heard from Sam…"

Statements and writings that are labeled "gossip" by both media tabloids and middle school students alike fall under a different category in the legal realm: defamation. As defined by Black's Law Dictionary, defamation is "The act of harming the reputation of another by making a false statement to a third person."

Defamation law is quickly becoming one of the most highly publicized topics in all of entertainment law. Public figures ranging from comedians to future presidents have shined a spotlight on some of the murkier areas of so-called "gossip law."

But just like those middle school secrets whispered at recess, the subtleties of defamation law can get complicated pretty quickly. When determining whether or not a statement is defamatory, we must begin by asking some questions: Was the statement true? Who heard the statement? Who was the speaker's source? Was the statement actually harmful? Was it even believable?

In the coming posts, I will break defamation law down to the basics and shed light on exactly what qualifies as a defamatory statement. Stay tuned because things are going to get interesting.

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