Key Takeaways

  • Defamation is a false statement presented as fact that harms a person's reputation; written defamation is libel, and spoken defamation is slander.
  • Defamation laws vary by state, but First Amendment protections limit claims, particularly for opinions and matters of public concern.
  • A valid defamation claim generally requires proof of falsity, publication, injury, and, in some cases, actual malice.
  • Remedies include monetary damages, retractions, and sometimes injunctive relief to prevent further harm.
  • Workplace defamation and online defamation have unique considerations under modern media and employment law.

DEFAMATION

An act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are defamation.

Elements of Defamation Claims

To successfully bring a defamation claim, the plaintiff typically must prove several elements:

  1. False Statement of Fact: The statement must be presented as a fact, not a pure opinion, and be demonstrably false.
  2. Publication: The statement must have been communicated to at least one person other than the subject.
  3. Injury to Reputation: The statement must harm the person’s reputation, often resulting in social stigma, loss of business, or emotional distress.
  4. Fault: Depending on whether the plaintiff is a public or private figure, the required standard may be negligence or “actual malice,” meaning the statement was made knowingly false or with reckless disregard for the truth.

These elements form the foundation of the defamation definition in modern law and are consistent with both libel and slander claims.

What Laws Govern Defamation?

Although defamation is primarily governed by state law, the First Amendment safeguards for freedom of speech and press limit state law. New York Times v. Sullivan, 376 U.S. 254, 264 (1964); Masson, 501 U.S. at 510. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion. Milkovich, 497 U.S. at 20 (rejecting categorical exemption of all statements in form of opinion; statement that may imply verifiable assertion of fact is actionable).

To determine whether a statement implies a factual assertion, courts examine the totality of the circumstances in which it was made. First, they look at the statement in its broad context, which includes the general tenor of the entire work, the subject of the statements, the setting, and the format of the work. Next, they turn to the specific context and content of the statements, analyzing the extent of figurative or hyperbolic language used and the reasonable expectations of the audience in that particular situation. Finally, they inquire whether the statement itself is sufficiently factual to be susceptible of being proved true or false. See Partington v. Bugliosi, 56 F.3d 1147, 1153 (9th Cir.'94) (applying three-factor test as the starting point for analysis); Unelko Corp. v. Rooney, 912 F.2d 1049, 1053 (9th Cir.'90), cert. denied, 499 U.S. 961 (1991).

'[T]he First Amendment requires that the courts allow latitude for interpretation.' Partington, 56 F.3d at 1154 (quoting Moldea v. New York Times Co., 22 F.3d 310, 315 (D.C.Cir.), cert. denied, 115 S.Ct. 202 (1994)).

The speaking slanderous words of a person so as to hurt his good fame.

Types of Defamation: Libel vs. Slander

Defamation can occur in two primary forms:

  • Libel: Written or otherwise published defamation, including online posts, newspapers, or emails.
  • Slander: Spoken defamation, often occurring in conversations, speeches, or broadcasts.

While the defamation definition covers both forms, libel is generally considered more serious because written statements can be circulated widely and cause lasting harm. Courts may impose different evidentiary burdens depending on the medium used and the permanence of the statement.

Remedies for Defamation

In the United States, the remedy for defamation is by an action on the case, where the words are slanderous.

In England, besides the remedy by action, proceedings may be instituted in the ecclesiastical court for redress of the injury. The punishment for defamation, in this court, is payment of costs and penance enjoined at the discretion of the judge. When the slander has been privately uttered, the penance may be ordered to be performed in a private place; when publicly uttered, the sentence must be public, as in the church of the parish of the defamed party in time of divine service, and the defamer may be required publicly to pronounce that by such words, naming them as set forth in the sentence, he had defamed the plaintiff, and therefore, that he begs pardon, first of God, and then of the party defamed, for uttering such words.

Workplace and Online Defamation Considerations

Modern defamation cases frequently arise in the workplace and online:

  • Workplace Defamation: False statements made by employers or colleagues, such as accusations of theft or misconduct, can harm careers and lead to legal liability.
  • Online Defamation: Social media posts, reviews, and other digital communications can spread rapidly, amplifying reputational harm.

Employers and employees alike should be aware of how the defamation definition applies in these contexts, as defamation can impact employment opportunities and public perception.

Common Defenses to Defamation

Several defenses can defeat a defamation claim:

  • Truth: A true statement, even if damaging, is not defamation.
  • Opinion: Pure opinions that cannot be proven true or false are generally protected.
  • Privilege: Certain statements made in courtrooms, legislative sessions, or in some employment contexts are privileged.
  • Consent: If the alleged victim consented to the statement’s publication, they may not recover damages.

Understanding these defenses is crucial, as courts balance reputational interests with freedom of speech under the First Amendment.

Frequently Asked Questions

  1. What is the difference between libel and slander?
    Libel is written or published defamation, while slander is spoken. Both fall under the broader defamation definition.
  2. Can opinions be considered defamation?
    Generally, no. Statements that cannot be proven true or false, such as personal opinions, are protected by the First Amendment.
  3. What damages can I recover in a defamation lawsuit?
    Victims may recover compensatory damages for reputational harm, lost income, and emotional distress, and in some cases, punitive damages.
  4. How does defamation law treat public figures?
    Public figures must prove “actual malice,” showing the statement was knowingly false or made with reckless disregard for the truth.
  5. Can workplace gossip be defamation?
    Yes, if false statements harm an employee’s reputation and are communicated to others, workplace gossip can meet the defamation definition.

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