Online Defamation and Internet Defamation

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California Civil Code: Law of Libel and Slander Defamation

California Code of Civil Procedure Section 44: Libel and Slander

44. Defamation is effected by either of the following: (a) Libel (b) Slander California Code of Civil Procedure Section 45: Definition of Libel

45. Libel is a false and unprivileged publication by writing,printing, picture, effigy, or other fixed representation to the eye,which exposes any person to hatred, contempt, ridicule, or obloquy,or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. California Code of Civil Procedure Section 45(a): Libel Damages 45a. A libel which is defamatory of the plaintiff without thenecessity of explanatory matter, such as an inducement, innuendo orother extrinsic fact, is said to be a libel on its face. Defamatorylanguage not libelous on its face is not actionable unless theplaintiff alleges and proves that he has suffered special damage as aproximate result thereof. Special damage is defined in Section 48aof this code. California Code of Civil Procedure Section 46: Slander 46. Slander is a false and unprivileged publication, orallyuttered, and also communications by radio or any mechanical or other means which:

1. Charges any person with crime, or with having been indicted,convicted, or punished for crime;

2. Imputes in him the present existence of an infectious,contagious, or loathsome disease;

3. Tends directly to injure him in respect to his office,profession, trade or business, either by imputing to him generaldisqualification in those respects which the office or otheroccupation peculiarly requires, or by imputing something withreference to his office, profession, trade, or business that has anatural tendency to lessen its profits;

4. Imputes to him impotence or a want of chastity; or

5. Which, by natural consequence, causes actual damage.

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