Defamation Explained

I realize that not everyone is familiar with defamation law (I'm not, outside of a class I took for one semester as an undergrad on free speech and ethics), so I think I should explain the basic terms in relation to the post below.

Defamation, as a legal term, (based on The Copyright Permission and Libel Handbook, available on Amazon) covers both libel and slander. Libel refers to defamatory speech in a fixed medium, such as in writing, in an electronic broadcast, on the Internet, or in pictatorial form. Slander refers to defamatory speech in a less durable form such as speech or sign language.

A defamatory statement is any communication of a false claim that may bring harm to a living individual. Generally, name-calling (known as "rhetorical hyperbole" in lawyerspeak) is considered an opinion. Opinions by themselves are not libelous. If you post on your group's website that a potential adopter is a "jerk" (which I don't recommend at all!) that by itself is not libelous as this would be considered too vague to be defamation. But if you write that "potential adopter John Doe is a jerk because..." the statement may be libelous depending on what you say following "because."

For example, let's say your organization believes dogs should not be kept entirely outdoors and you learn a potential adopter keeps his dogs outside 24/7. If you then posted online that "potential adopter John Doe is a monster and animal abuser" this could be considered libelous speech. Even if you explain that it's because he keeps his dogs outside, the statement could still be considered defamatory. After all, the argument could be made in court that merely keeping dogs outside all the time does not necessarily constitute animal abuse.

(I personally disagree though I think it constitutes neglect as opposed to outright animal abuse, but then, in the words of my copyright professor referring to legal issues, "it depends.")

Also, be careful posting or publishing what are known as "red flag" statements. These are statements that accuse a person of committing a crime, acting immorally, committing professional malpractice, is financially irresponsible, and is involved with a disreputable organization.

Ultimately, it's a good idea to go over these issues with a good lawyer. In my opinion, every rescue, even an informal group of five friends, should have access to a lawyer. Even if your group is pressed for money, you can always look for an animal-loving attorney who can volunteer to help your group with legal questions and concerns.

In fact, I recommend running your adoption contract past a good attorney specializing in contract law.

And here's a list of attorneys specializing in animal-related law across the country.