Defamation
Defamation is a false statement that injures a person’s reputation. It can manifest in two primary forms: libel and slander.
Libel refers to defamation that occurs in written or published form, such as in newspapers, books, or online articles. For example, if a newspaper publishes an untrue story about a business owner committing fraud, that story could be considered libel if it damages the owner’s reputation and the claim is not substantiated.
Slander, on the other hand, involves spoken statements that are defamatory. An example of slander could occur if a person publicly accuses another individual of theft during a conversation at a social gathering, and this statement is false and harmful to the accused’s reputation.
To establish a claim of defamation, the plaintiff typically must prove several elements:
-
The statement was made to a third party (i.e., it was not just communicated to the person being defamed).
-
The statement was false and presented as a factual assertion rather than an opinion.
-
The statement caused harm to the plaintiff’s reputation, leading to damages such as loss of business, emotional distress, or other negative consequences.
-
In cases involving public figures, the plaintiff must also prove that the defendant acted with actual malice, meaning they knew the statement was false or acted with reckless disregard for the truth.
Defamation laws vary by jurisdiction, and defenses against defamation claims can include truth (the statement is true) and privilege (the statement was made in a protected context, such as during a court proceeding).
« Back to Glossary Index