Protecting Your Name, Reputation and Career – Libel, Slander & Defamation

When your personal or professional reputation or your career is harmed by false derogatory statements made to a third party or published in writing, the damage can be irreversible.  The damage experienced when you are the victim of defaming statements or publications can impact your personal relationships, occupation and standing in the community.  While you have legal rights and remedies if you are the victim of defamation in Mississippi, there are specific requirements that must be satisfied for a defamation claim to be successful.  Legal actions for damages because of defamation to your reputation based on libel or slander constitute some of the most challenging types of legal claims for damages.  However, experienced Jackson defamation attorney William Kellum III can carefully evaluate your claim, provide a candid appraisal of your likelihood of success and diligently represent your interests.

Mississippi Defamation Laws

Under Mississippi law, defamation, libel and slander refer to communications that are intended to harm the business or reputation of the person who is targeted.  For a court to find that a party has been defamed, the communication must be disclosed to another person without your knowledge or consent.  In the simplest terms, libel and slander are two separate forms of defamation based on whether the false disparaging statements are verbal or printed.  Libel is a false malicious statement in photos, signs, writing or other written material.  Slander is essentially the same type of false disparaging statement that is communicated to a third person verbally.

If you believe you have suffered defamation through libel or slander, you need to seek immediately legal advice because the statute of limitations for this cause of action is only one year.  It also is not advisable to wait until close to the end of the limitations period because your attorney may need time to investigate the facts to determine whether to take the case.

Defenses to a Defamation Claim in Jacksonville

There are situations where a higher standard must be met regarding defaming communications, and there also are a number of defenses that make it imperative that you have legal representation from an experienced Jackson defamation lawyer.

Public Figures: If you are a “public figure”, the legal standard for proving defamation is more difficult to satisfy.  Public figures include celebrities and elected individuals who hold positions of trust in the government.  Because well-known individuals like actors, actresses, professional athletes and other celebrities are in the public eye, they face a greater challenge proving defamation.  Public figures must prove “actual malice” by the person who made the disparaging statements that harmed the public figure’s reputation.

Truth Absolute Defense: Even if a spoken or printed statement destroys an individual’s reputation, this generally will not provide the basis to bring a defamation lawsuit if the statement is true.  In other words, the truth of the communication is an absolute defense to allegations of libel, slander and defamation.

Right to Recant: Under Mississippi defamation laws, news agencies have the opportunity to recant defamatory statements made in good faith if the communication of false information was an honest mistake.  However, the news agency must have believed that the information was accurate when it was communicated.  While the injured party can still bring a lawsuit for “actual damages” if the news agency recants, the judge or jury may not award punitive damages.  The news agency can only avoid exposure to punitive damages if it recants within 10 days of receiving a demand that the derogatory information be recanted.

Fighting for the Reputation That Took a Lifetime to Build – William S. Kellum Attorney at Law

If you have been the target of a malicious campaign of derogatory lies or false rumors, you might have a legal right to compensation for harm to your reputation and business.  Mississippi defamation attorney William S. Kellum III represents clients in Jackson, Brandon, Clinton, Canton, Brookhaven, Greenwood, Hattiesburg, Indianola, Madison, Meridian, Natchez, Pearl, Ridgeland, Vicksburg, Yazoo and other surrounding cities and areas.  We offer a free consultation so that we evaluate your situation and answer your questions so call us today at (601) 969-2709 or send us an email to schedule your initial consultation.