What Is Defamation Law?

The First Amendment to the U.S. Constitution protects people’s right to free speech. However, U.S. law also protects people from having their lives ruined by someone’s false statements. When someone makes a false statement that harms your reputation or affects your ability to make a living, you can sue them for defamation.

If you think someone has said something defamatory about you, the following overview can help you evaluate your case. It discusses how you prove a case and common defenses. For more information about defamation laws in your state, talk to a lawyer experienced in defamation cases for legal advice.

What Is Defamation?

Defamation is a false statement communicated to other people that harms an individual’s reputation.

There are two types of defamation: Libel and slander. Libel is a written statement, like publishing a news article, social media post, or billboard ad. Slander is a spoken statement made so that other people can hear. There is some crossover between slander and libel. For example, a defamatory radio broadcast is libelous defamation.

Whether spoken or written, libel or slander, you will use the same approach to prove your case, and the same defenses will be available.

What Do You Have To Prove in a Defamation Case?

To win a tort case for defamation and recover damages, you have to prove the elements of a civil claim. As the plaintiff, you have the burden of proof. The elements to prove for defamation include:

1. They made a false statement of fact
2. The statement was made to a third-party
3. The person made the false statement intentionally, negligently, or recklessly
4. The false statement caused harm to the plaintiff’s reputation

1. There Was a False Statement

The false statement must also be a statement of fact. An unflattering or critical opinion is protected by your freedom of speech.

A review that a restaurant has terrible pizza isn’t defamation but a negative opinion. Someone saying they think you are a jerk or clown isn’t defamation, even if it changes the way other people see you. However, someone saying you stole from your employer when you did not is defamation.

Truth is an absolute defense to defamation claims. Even if a statement was harmful to your reputation, if it was true—there is no cause of action for defamation.

2. The False Statement Was Made to a Third Party

Defamation requires publishing the statement to a third party. Whether written or spoken, if someone else read or heard the false statement, the statement has been published. If someone said something false about you and no one else heard it, then you do not have a claim because the statement was not published.

3. The Level of Fault Depends on the Victim

For a defamation claim, you have to show some level of fault. This can include intentionally making a false claim or negligently saying something without checking to see if it is true. This element can differ depending on whether the subject of the defamatory statement is a public or private figure.

Defamation for Private People

For most people alleging defamation, you only need to prove that the other party made the statement negligently. Proving negligence generally involves showing that the person who made the allegedly defamatory statement did not act reasonably. The statement is negligent if a reasonable person would not have made the claim under similar circumstances.

The standard of care in negligence cases can vary. What counts as reasonable depends on the individual situation. For example, the standard of care for journalists might be different from the standard of care for your employer, coworker, or neighbor.

There are broader free speech protections if the statement was about a matter of public interest, even against a private person. State laws on defamation involving public concern vary by jurisdiction. To understand your legal rights to file a defamation claim, speak with an attorney who understands the law in your area.

Public Figure Defamation

Public figures and public officials don’t have the same protections against defamation. If you are a government official alleging defamation, you need to prove actual malice. Established by the U.S. Supreme Court in the landmark case New York Times Co. v. Sullivan, the actual malice standard means you will need to prove the person making the statement knew it was false or acted with reckless disregard to the truth or falsity of the statement.

4. The False Statement Harmed the Person’s Reputation

Finally, you will need to prove you suffered harm because of the statement. You must show damage to your reputation or your business reputation. For example, if someone claims you stole from your employer, your employer may fire you from your job. Other employers may not hire you because of the false claims of theft. This is harm to your reputation causing financial damage.

Defenses to Defamation Claims

There are legal defenses to claims of defamation. The strongest defense will always be that the statement was true. A true statement—no matter how harmful—is not legally actionable.

Other legal defenses challenge any or all of the necessary elements of the claim. If you can show the plaintiff fails to prove any elements of defamation, they cannot recover damages.

Privileged positions or communications can act as a defense against defamation charges. Privileges are either absolute or qualified and depend on the venue. For example, a witness in court enjoys absolute privilege from a defamation lawsuit for statements made during the judicial proceedings. However, that privilege may not follow them to other areas of their life, even for the same statements. Legislators enjoy a qualified privilege for potentially defamatory statements made during legislative proceedings. The qualified nature of this privilege means they can lose it and be held liable if they acted with actual malice.

Retraction of a defamatory statement is a partial defense. A retraction takes back the false statement, which can limit damages in a defamation lawsuit.

Find the Right Attorney for Your Defamation Action

Defamation cases are complex and fact-specific. An experienced lawyer understands what you need to prove and the best way to prove it. Your lawyer will gather the necessary documentation to help you show how your reputation suffered harm. They can help you navigate the legal system to recover compensatory and punitive damages for your injured reputation.

It is important to approach the right type of attorney — someone who can help you through your entire case. Visit the Super Lawyers directory and use the search box to find a lawyer based on your legal issue or location. To help you get started, look for a defamation law or civil rights attorney with experience handling defamation lawsuits.