New York State Private Investigator Practice Exam

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Which action is classified as a violation of libel?

  1. Publishing a truthful statement

  2. Writing a defamatory statement

  3. Making a statement in private

  4. Requesting a retraction

The correct answer is: Writing a defamatory statement

The classification of writing a defamatory statement as a violation of libel is based on the legal definitions surrounding defamation. Libel specifically refers to making false and damaging statements about someone in a written format that harms that person's reputation. For a statement to be considered libelous, it must be not only defamatory but also false; therefore, when someone writes a statement that negatively impacts another person's reputation and is untrue, it constitutes a violation of libel laws. In contrast, publishing a truthful statement is not a violation of libel, as truth is generally a strong defense against defamation claims. Making a statement in private does not necessarily constitute libel because libel concerns publications, meaning it needs to be disseminated to a broader audience, not just communicated in a confidential context. Requesting a retraction is an appropriate response if there has been a defamatory statement made but does not itself constitute a violation of libel; it is rather an attempt to mitigate the damage caused by such statements.