PART III

"There's some recent case law that there has to be a substantial contact with the state, so that the mere fact that America Online has subscribers, or a periodical sends issues to several readers, may not be enough.

"But as a general proposition, the state where the person who utters the remarks is one venue where suit can take place; the state where the object of the remarks is made may be another possible venue.

"Today, defamation may be defined as the making of a false statement which tends to adversely affect one's reputation, thereby exposing one to public hatred, contempt or ridicule.

"Here are the five basic elements that must be proven in order to establish a prima-facie case of defamation (without taking into account any defenses);

" Defamatory language uttered or printed (published) by the defendant in oral or written form.

" The statement made concerns the plaintiff, and not some other person or entity.

" A publication by the defendant has taken place to a third person (either a reader, a listener, or something similar).

" That as a result of the 'publication,' injury has been caused to the reputation of the plaintiff.

" In some instances, malice need also be shown for there to be recovery.

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