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41 Ne. J. Legal Stud. 1 (2021)

handle is hein.journals/neastjol41 and id is 1 raw text is: 2021 / Online Defamation Recourse / 1 ONLINE DEFAMATION RECOURSE by Bradford H. Buck* I. INTRODUCTION This article discusses the law of defamation (particularly the form of written defamation known as libel), the various types of online sites where libel could occur and the available recourse or remedies for the person who was libeled online. II. THE LAW OF DEFAMATION The Restatement (Second) of Torts, § 558 provides the following elements for defamation: to create liability for defamation there must be: (a) a false and defamatory statement concerning another; (b) an unprivileged publication to a third party; (c) fault amounting at least to negligence on the part of the publisher; and * Instructor of Business Law at the Barney Business School, University of Hartford