What is the Law on Seditious libel in South Dakota and what are the Punishments for it?
Typically, defamation is a derogatory statement in oral or written form, which can injure the reputation or good name of someone else.
South Dakota Defamation Law
Under the law of South Dakota, all residents have the obligation to refrain from violating the right of someone else not to be subject to defamation.
The state recognizes two different classes of defamation such as libel and slander.
Libel in South Dakota
In South Dakota, libel has been defined as any unprivileged and false publication by printing, effigy, picture, writing, or any other fixed representation in visual form that exposes an individual to obloquy, ridicule, contempt, or hatred, or that causes the victim to be avoided or shunned, or shows a tendency to cause him/her injury in their occupation.
Slander in South Dakota
The state defines slander as:
Any unprivileged and false statement apart from libel that
- Charges any individual with a criminal offense or has been penalized, convicted, or indicted for crime;
- Makes a statement that the plaintiff is suffering from a loathsome, contagious, or infectious disease;
- Has a tendency to injure the plaintiff pertaining to the latter’s business, trade, profession, or office either by assigning to him/her general disqualification, which is uniquely required by the office or any other occupation or by assigning something pertaining to his business, trade, profession, or office, which naturally tends to reduce its profit;
- By natural consequence that leads to actual damage; or
- States that the person is unchaste or impotent.
Defamation per se in South Dakota
The state acknowledges defamation per se that signifies that certain kinds of statements can cause inherent damage to plaintiffs. In such scenarios, they do not require to establish damage or harm.
For instance, accusing that a defendant of defamation took the life of another person is typically regarded as defamation per se in South Dakota because a majority of the people realize the harmful ramifications of criminal allegations in South Dakota.