Defaming Herald

Politicians lie. It's even written into law!

I'll start with the translation, then the legalese:

~Lie: I say something, knowing it is false. This is generally not a crime.

~Defamation: I say something that hurts your reputation. This is generally not a crime.

~Slander: I say something false that hurts your reputation. This is a crime.

~Libel: I print something false that hurts your reputation. This is a crime.

~Privilege: I am a government officer doing my job properly, my falsehoods are not libel or slander.

(So - you want to hurt someone? Hurt them with truth. Untruths come back to get you, even if you thought them true at the time. Love, Arth)

CALIFORNIA CODE SECTION 43-53

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.

45a. A libel which is defamatory of the plaintiff without the necessity of explanatory matter, such as an inducement, innuendo or other extrinsic fact, is said to be a libel on its face. Defamatory language not libelous on its face is not actionable unless the plaintiff alleges and proves that he has suffered special damage as approximate result thereof. Special damage is defined in Section 48a of this code.

46. Slander is a false and unprivileged publication, orally uttered, 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 general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;
4. Imputes to him impotence or a want of chastity; or
5. Which, by natural consequence, causes actual damage.

47. A privileged publication or broadcast is one made:

• (a) In the proper discharge of an official duty.
• (b) In any (1) legislative proceeding, (2) judicial proceeding,
• (3) in any other official proceeding authorized by law, or
• (4) in the initiation or course of any other proceeding authorized by law...
• [exceptions omitted]

(See? in California, it's legal for politicians to lie. Arth)