Important Criteria For Proving Defamation

The criteria for a defamation lawsuit differ where the defamatory incident involves a private individual and where the defamatory incident involves a public figure. For purposes of clarity this article will focus on the criteria necessary to prove defamation concerning a private person. The basic criteria for a defamation action change slightly in each State so it is always best to check for the exact criteria in your particular state.

Defamatory Statement - The first element that is needed is a false and defamatory statement made about a private individual. An individual need not prove malice in most States, he must only show that the defamatory statement was false.
Publication - The party making the defamatory statement must make that statement to another person or persons, or publicly in general, and there must be no applicable element of privilege concerning the person making the statement.
Injury to reputation - There must be injury to the defamed person’s reputation. Slander per se is actionable without proving special harm. Slander per se would be utterances relating to the commission of a crime, the plaintiff’s business or occupation or other itemized disgraces such as having a venereal disease and other similarly inflammable statements.
Falsity or Fault - The statement must be false or the person publishing the statement must be at fault for negligently failing to ascertain the truth of his statement(s) before making them publicly.

Defense

The main defense to a claim of defamation is summed up in one word, “truth.” A true statement, no matter how derogatory is not a defamatory statement. The same applies with a statement involving an opinion. An opinion is generally accepted as not a statement involving objective fact but rather a personal observation of some kind. If a defendant can claim he was just expressing an opinion concerning the plaintiff in a defamation case and not trying to make a statement of fact then he can avoid liability. He can also avoid all liability for defamation if he is in some manner privileged to make statements concerning the behavior to the plaintiff claimant.

Getting Legal Help

If you or a member of your family has been defamed by another entity or individual and you would like to take action to hold that party responsible for the pain you have suffered as a result of their injurious statements it may be helpful to consult with a personal injury lawyer to review the circumstances of the defamatory acts and statements and to determine if legal action is appropriate to recover some of the losses the false and harmful publications caused.

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