Дефамација у праву Eнглеске и САД
Defamation In Anglo-American Law

Summary/Abstract: Common law recognises two torts suitable for defamation charges; the libel tort, which includes public defamation, an insult in a lasting form (a written insulting claim –letters, press, photographs) and slander tort, which stands for plots/intriques, verbal defamation (a verbal violation of one’s honour and reputation, unless it was stated on radio or television, in which case it is also considered a libel offense). Libel is actionable per se, because the plaintiff in defamation cases need not prove that the damage is made, while slander is actionable per se in cases of verbal reproaches of offenses, sexual diseases, shameful way of life etc. Although they both take roots from common law, there are certain differences between libel torts in the English and U.S.Law. The modern U.S. libel law represents a combination of common law and the rules made by the U.S. Supreme Court based on the First Amendment to the U.S. Constitution. On the other hand, old libel offense principles have remained unchanged in England, except for former corporal punishments having been replaced by fines. Nevertheless, modern English offense law accepts different mechanisms in order to fill gaps in legal protection.

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