Defamation

Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements).

Overview

Defamation is a common law tort, governed by state law, in which an individual makes a "publication" of a defamatory statement of and concerning the plaintiff that damages the reputation of the plaintiff. The general harm caused by defamation is identified as being ridiculed, shamed, hated, scorned, belittled or held in contempt by others, and lowers him/her in esteem of a reasonably prudent person, due to the publication of the false statement. This tort distinguishes itself from others that may not appear until a lengthy time period has passed since publication and is also specifically identified by "special damages", if they exist.

Elements of Defamation

The essential elements of defamation claim are:

1. A false statement purporting to be fact;
2. Publication or communication of that statement to a third person;
3. Fault amounting to at least negligence; and
4. Damages, or some harm caused to the person or entity who is the subject of the statement.

Defenses to Defamation

The most common defenses to defamation are:

1. Truth is an absolute defense;
2. Opinion;
3. Fair comment on a matter of public interest;
4. Consent;
5. Innocent dissemination;
6. Absolute privilege;
7. Qualified privilege.

See Also

• Libel
• Slander
• Tort Law
• Negligence
• Privilege (law)

References

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Defamation

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