California, United States of America
The following excerpt is from Brown v. Kelly Broadcasting Co., 257 Cal.Rptr. 708, 48 Cal.3d 711, 771 P.2d 406 (Cal. 1989):
The need to redress defamation is as important now as when the tort of defamation was first recognized, perhaps more so. "In an organized and centralized society, where at least economic relationships are likely to be based on an impersonal or reputational level as opposed to the more decentralized and personal approach characteristic of a bygone era, how we are [48 Cal.3d 744] perceived takes on greater significance. For better or worse, in today's world, most of us are known by our images." (Rouch v. Enquirer & News of Battle Creek, supra, 398 N.W.2d 245, 264-265.) A tradesman in the 18th century defamed by a customer could rely on his good reputation with others and perhaps had a reasonable opportunity to present the truth to those who mattered to his livelihood. In today's business market, there is little realistic opportunity for self-help when a tradesperson, e.g., a contractor like plaintiff in this case, is disparaged to thousands of potential customers by a television program.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.