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| | Should Audio-Visual Defamation on the Internet be Treated as Libel or Slander? |
 | | This distinction was often important: In order to obtain a damages in a suit for slander, the plaintiff had to make a specific showing of how his or her reputation had been harmed (there are enumerated content-based exceptions to this requirement).4 Proving this harm was (and is) not always an easy task. |
 | | However, in an action for libel, harm was presumed.5 Therefore, if the plaintiff was unable to demonstrate specific harm, this distinction, between libel and slander, would have been dispositive as to whether or not the plaintiff was financially compensated for his or her reputational loss -- no small matter. |
 | | Thus, once again, in such aforementioned cases where the plaintiff is unable to demonstrate actual harm, this distinction, between libel and slander, may yet once again prove dispositive as to whether or not the plaintiff's efforts to secure damages succeeds or fails. |
| www.uiowa.edu /~cyberlaw/cls99/sempaper/zelote416.html (4231 words) |
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