"It takes the same breath to speak words of encouragement as it does to speak words of criticism"

Abusive Language can be referred to the use of improper and the wrong use of words which can be hurtful and insulting to the receiver of the message. Calling people names such as (deadbeat, crook or quack) can get you into trouble.

Defamation is the legal term for any false statement that harms an individual's reputation. If an individual feels like their reputation has been affected, they can take legal action and sue the company or the individual who made the remarks. (Gruffey 2016)

There are man ways in which abusive messages can be sent.

1. Emails/Memos
2. Letters
3. Phone Calls

Because abusive language has become very concerning amongst the many different ways of communication, companies have set strict rules and regulations based on the usage of the internet along with monitoring all emails that are being sent. By doing this companies can reduce the risk of facing legal liability for any messages that may be sent.

However for legal action to take place, abusive language must have all three of the following characteristics:

1. The statement that was written or spoken was false
2. The statement was damaging the individuals reputation or name (hence putting them in a negative light)
3. The statement was published - it was written or said in front the presence of other people.

Example of Defamation:

A newspaper knowingly prints an article falsely asserting that a public figure has cheated on business partners in the past.  While the law protects media outlets from liability for printing statements about public figures, this does not apply to knowing publication of false material or publication with reckless disregard for the truth.

A person falsely tells a prospective buyer of the home of a neighbor that the neighbor cheated him in the past, causing the buyer to back out of the sale.  Although this is not defamation per se, the neighbor can prove economic damages by showing that the statement prevented the sale of his house.

During a casual conversation with a reporter, a police official states that a suspect in a current investigation is guilty.  While there are privileges that protect government officials from defamation liability for official statements and documents, this does not apply to casual or unapproved statements. (Gill, K.)

References

Gill, K. (n.d.). Three cause of legal problems in bad news messages. 

http://legalproblemsnewsmsgs.blogspot.ca/2012/03/careless-language.html

“The good guy syndrome occurs when we try to make ourselves look better or the receiver of the message feel better when delivering negative messages. Not only do we do this to make ourselves feel better but to also keep the relations intact. This can result in statements that can be legally dangerous”

What is good guy syndrome?

Business communicators act as agents of their organizations. Their words, decisions, and opinions are assumed to represent those of the organization; there are many ways you can distinguish if a colleague is using good guy syndrome to break bad news. For example the statement "I thought you were and excellent candidate but we had to hire..." This statement shows that the colleague or supervisor delivering the message is trying their very best to break the news gently. 

Example:

Consider the case of any firm interviewing candidates for a job.  The firm has asked one of its partner to inform the candidate that she didn’t get selected. Considering the fact that in every message there comes a situation in which a company has to deliver bad messages of any sort. Whether it may be an interviewee, customer, investor, supplier, etc. The person the firm has chosen to deliver the message is put in a position where they want to maintain a good relationship with this person and decides to decides to break the news down as gentle as possible. However by doing so the company (or person) can make a mistake by delivering the message too gently that can result in the actual matter becoming overlooked. This can further create some legal problems that the company may have to handle. In this case the person informed the interviewee that “although she was the “most qualified candidate they had interviewed for the job, they unfortunately couldn’t hire her; as the company did not have a position to offer her with that amount of qualifications. Somehow, the interviewee came to the knowledge and understanding that the company had instead hired two male employees. In the end she had sued the company, charging them for sexual discrimination. The interviewee had won the case only because the guy was trying to be good to her “using the good guy syndrome."

References

Business Communication - Mary Ellen Gruffy

Gill, K. (n.d.). Three cause of legal problems in bad news messages.

http://legalproblemsnewsmsgs.blogspot.ca/2012/03/careless-language.html