How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29022
Experience:  30 years experience representing clients.
17897874
Type Your Legal Question Here...
Loren is online now
A new question is answered every 9 seconds

Can a text message be libel

Customer Question

Can a text message be libel
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
My wife texted my sister about my brither in law. She indicated he had commited infidelity in information she had. She was wrong. Is this a defamation case?
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
Expert:  Loren replied 1 year ago.

It is possible for a text message to be defamatory.

Expert:  Loren replied 1 year ago.

To establish a prima facie case of defamation, four elements are generally required:

1. a false statement purporting to be fact concerning another person or entity;

2. publication or communication of that statement to a third person;

3. fault on the part of the person making the statement amounting to intent or at least negligence; and,

4. some harm caused to the person or entity who is the subject of the statement.

Customer: replied 1 year ago.
what type of awrds are given?
Expert:  Loren replied 1 year ago.

The harm would need to be measured in financial loss.

Expert:  Loren replied 1 year ago.

The award would depend on the proven damages.

Expert:  Loren replied 1 year ago.

Awards can range from one penny to millions.

Customer: replied 1 year ago.
thank you
Expert:  Loren replied 1 year ago.

You are very welcome. If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.