In a character assassination case, several factors may be considered and implemented in order to establish the elements of the claim and to prove the damages suffered.
Here are ten major factors that may be taken into account:
Evidence of defamatory statements - The plaintiff must provide evidence of the defamatory statements made by the defendant, such as written or spoken words, images, or videos.
Publication of the statements - The plaintiff must show that the defamatory statements were made public, either by being communicated to a third party or by being posted on a public platform.
Damage to reputation - The plaintiff must demonstrate that the defendant's statements caused harm to their reputation, such as by causing them to be shunned or avoided by others.
Identification of the plaintiff - The plaintiff must show that the defamatory statements were about them, either directly or through innuendo.
Malice - The plaintiff must prove that the defendant acted with actual malice, meaning that they knew the statements were false or made them with reckless disregard for the truth.
Credibility of witnesses - The credibility of witnesses, including the plaintiff and the defendant, may be evaluated in order to determine the reliability of their testimony.
Documentation - Relevant documents, such as emails, text messages, and social media posts, may be used to support the plaintiff's case.
Expert testimony - Expert testimony from a witness with specialized knowledge may be used to help explain complex legal or technical issues.
Context and tone - The context and tone in which the defamatory statements were made may be relevant to determining the defendant's intent and the impact on the plaintiff's reputation.
Damages - The plaintiff must prove the extent of the harm caused by the defamatory statements, such as lost income, emotional distress, or harm to future prospects. The defendant may also be required to pay damages to compensate the plaintiff for their losses.
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