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Considerations surrounding the “fine line” in defamation law

The above-referenced “fine line” in today’s blog post headline comes courtesy of an in-depth online overview of defamation law. That article additionally refers to the “delicate balance” that is often apparent in cases pitting one person’s speech rights and another’s alleged injury owing to the exercise of those rights.

We weigh in on the subject of defamation at the Los Angeles entertainment Law Offices of Barry K. Rothman, stressing on our website that defamation-linked issues can be “complex.”

Here’s one reason why. A statement or published writing might be injurious to an individual, but not false. Alternatively, a negative communication might be unwelcome, but lacking in evidence that it actually caused injury. In some defamation cases, too, an aggrieved public personality confronts a comparatively higher standard of proof than is ordinarily the case. That person must prove that a communication was false, caused injury and was made with actual malice.

Figures in the entertainment world – ranging broadly from musicians, actors and writers to producers, directors and myriad industry executives – often have much to ponder when their reputations are sullied by a third party.

It is understandable why aggressive legal action is the preferred go-to response to what is arguably libel or slander, but gains can be offset by negatives in some instances. We reference on our website, for example, the potential for “extending negative publicity and [the] possible severance of important business relationships” for an individual wanting to respond forcefully to negative information. Such possibilities must sometimes be weighed alongside other relevant matters in a defamation case.

A proven entertainment law attorney can provide further information and guidance on any matter tied to a public figure’s personal identity or public reputation.

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