JoAnn Fonzone is an attorney with a private practice in Philadelphia, Pennsylvania. JoAnn Fonzone has represented clients in multiple cases involving legal issues like defamation.
A legal claim for defamation is made by one person against another for making a false statement that caused injury to the former’s reputation. The person instituting the legal claim is the plaintiff and the person who made the alleged defamatory statement is the defendant. If the statement was written or published, it is referred to as libel and if it was spoken, it is referred to as slander. In both cases, Pennsylvania law requires the plaintiff to prove several things to substantiate a defamation suit.
The burden is on the plaintiff to prove that: the defendant made or published a defamatory statement, the statement was about him or her, the statement harmed his or her reputation, and that the statement was not made with no applicable privilege. Once the plaintiff proves these, the burden shifts on the defendant to prove that the statement was true, was made on a privileged occasion or referred to a subject matter that was of public concern.
Defamation proceedings are not criminal but civil. In addition, many overlying circumstances may affect a defamation case. These are best discussed with an attorney.
