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Defamation can be defined as the act of making a publication or a statement that has the effect of injuring the person against whom it is made and causing them to be shunned by people in society.
Character assassination is the resultant state one is left in after being defamed. The regard they were held in fades because of the sentiments published. Just as assassination involves killing or finishing off someone, the same is true, save for the fact that it is one's character that undergoes that.
There are two categories of defamatory statements: libel and slander. Libel is often (but not always) in written form. However, the defining factor is that it must be in a permanent form. Oral sentiments that go on record constitute libel as they are permanent.
On the other hand, slander is short-term and often involves oral statements. The defining factor for slander is that there is no record of it after the sentiments are made. Libel is generally more punitive than slander due to its permanence.
There are certain elements that ought to be proven in a defamation suit.
1. The statement must be defamatory
The statement made has to have the potential of causing members of the society to have a bad perception of the person against whom it is made.
2. The statement must refer to the complainant
There must be enough pointers to show that the statement made refers to the complainant. This could either be directly or by innuendo that is unmistakable.
3. The statement must be published
The statement has to reach third parties. That is either by being said in their presence or put in a medium where they can access it.
4. The statement must have caused serious harm to the complainant's reputation
Besides the statement having the potential to harm the complainant's reputation, that potential must indeed come into action. Suffice to say, if the sentiments are ignored by the public, a defamation suit may fail.
There exist certain defences to defamation.
One is truth. If a statement made is true, one cannot claim to have been defamed yet the conduct in question was true.
Consent is another, one cannot consent to a publication being made then later claim defamation.
Privilege is also recognised in some instances. For instance, in parliamentary or judicial proceedings, one may not be sued for defamation as the law protects these proceedings to allow people to speak without fear.
Innocent publication may also be allowed, where all due care was taken to validate information but the statement still was defamatory.
Generally, defamation cases are more successful depending on one's status in society. The higher the status a person has, the more the likelihood of their reputation being injured.
Defamation is a civil matter, and one cannot be arrested for it. They ought to be charged in court and if found guilty, they most probably will be asked to pay damages to the complainant.
However, at times it may attract criminal liability, for instance when the defamatory sentiments constitute hate speech.