Comprehensive Study Notes on Deformation and Slander
- 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.
- 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.