Defamation of Character

What is defamation of character?

Defamation of character—also called defamation—is an attack on another person’s character using false or misleading statements that the accuser knows to be untrue. This last part is critical since victims of defamation must demonstrate that their defamer demonstrated reckless disregard for the truth in order to prove they have a valid defamation claim.

There are two types of defamation: libel and slander. Libel is defamation that is written, printed, or published online, while slander is spoken defamation. Libel and slander both fall under the general category of defamation law, and the main difference between them is how the false statement is shared.

Defamation can cause serious harm, but it’s not always considered a crime. While defamation laws can vary by state, more plaintiffs alleging defamation of character seek justice in the civil courts.

FAQs

How do you prove defamation of character?

While the details can vary by state, the plaintiff alleging defamation usually needs to prove all of the following:

• The defamatory statement was false.
• The defamatory statement was communicated to at least one other person.
• The defamatory statement caused harm, like damage to reputation or loss of business.
• The person who made the defamatory statement was either negligent or did it on purpose.
• Public figures must prove actual malice or reckless disregard, which means the statement was made knowingly.

On the other hand, the person being accused can defend themselves against allegedly defamatory statements in a few different ways:

• The statement was true. True statements are never considered defamatory—they are a “complete defense.”
• The speaker had absolute privilege, which applies in situations like legislative sessions and court proceedings.
• The statement was a “pure opinion,” which can’t be proven true or false, like “Rick is a terrible leader.”

It’s also important to know that freedom of speech doesn’t protect someone from defamation claims. The First Amendment stops the government from punishing speech, but it doesn’t protect you from being sued by private individuals for defamatory statements.

How much does it cost to sue someone for defamation?

If you decide to sue someone who made defamatory statements toward you, the cost will vary depending on the severity of your case and whether you decide to seek the help of a defamation lawyer. Costs could easily soar into the tens of thousands of dollars for a lengthy case, or much less if your dispute is settled through negotiations and never goes to court.

What is an example of defamation?

If someone falsely posts online that a local business owner stole money from customers, and that post causes the business to lose clients, they could file a defamation claim. If it’s written defamation, it would be libel. If it’s spoken defamation, like on a podcast, it would be slander.

Do I need a lawyer for a defamation lawsuit?

You don’t technically need a lawyer to represent you in your defamation claim, but it can be beneficial to have one. Proving defamation of character can be tricky, and a legal professional can help you gather evidence and strengthen your claim, and help you understand what kind of damages you may be entitled to receive.