Comprehensive Study Notes on Deformation and Slander

Definition and Conceptual Framework of Deformation

  • The Nature of Deformation: Deformation is fundamentally identified as a thought. According to the transcript, this thought involves the specific action of releasing a statement.
  • Impact on Legal Parties: The statement in question is characterized by its effect on the individual it concerns, specifically one that would lower the reputation of the plaintiff.
  • Interference with Social Relations: A primary consequence of deformation is the influence the statement has on the public; it functions to prevent writhing members of society from interacting with the plaintiff, signifying an enforced social isolation.

Methodologies of Making Deformatory Statements

  • Diversity of Expression: Deformatory statements are not limited to one channel and can be manifested in multiple ways, including but not limited to:
    • Oral Communication: Expressions communicated through the spoken word.
    • Gestures: Non-verbal actions or physical gestures used to convey a message.
    • Words: The specific application of written or verbal words.
    • Miscellaneous Formats: The inclusion of the term "etc." highlights that further, unspecified methods for making such statements exist beyond those explicitly listed.

Definitional Criteria and Classification for Slander

  • Identity of Slander: Slander is a term used to designate a specific category of a deformative statement, defined by the medium through which it is delivered.
  • Specific Mediums of Slander: To be classified formally as slander, a deformative statement must be delivered through one of the following channels:
    • Already: The transcript specifies that a deformative statement made "already" is known as slander.
    • Gestures: Deformative statements delivered melalui gestures fall under the classification of slander.
    • Words: Use of the medium of words to convey a deformative statement is designated as slander.