What are Defamatory Statements?
To be considered as defamatory, a statement must be false but presented as the truth. Written defamatory statements are categorized as libel, spoken defamatory statements are categorized as slander. To be considered for a lawsuit, the statement must be published, must be false, must be about the plaintiff (even if they are not specifically named) and must injure the reputation of the plaintiff. The plaintiff must also be able to prove actual malice or negligence and the statement must not be protected by recognized privileges and defenses.
Published Defamatory Statements
Published is interpreted as distributed or uttered to at least one person other than the plaintiff. If the statement is spoken loudly and overheard by other people, it can be considered published. Of course, statements written in public mediums such as the newspaper, internet blogs, and even placed on signs in your yard are a few examples of how a statement can be published.
Defamatory Statements Must be False
The entire lawsuit will hinge on the truth or falsity of the statement. Truthful statements, no matter how damaging can not be considered defamatory. It is up to the plaintiff to prove the statement is false. This is not to say that truthful statements that have minor errors are cause for defamation lawsuits, as long as the statement is substantially true.
Statements Must be About the Person
The plaintiff must prove the statement is about them even if they are not specifically named in the statement. To do this, there must be enough identifying information that when the statement is heard or read by people who know the plaintiff, they will recognize the plaintiff as the subject.
Defamatory Statements Must Injure Reputation
Insulting, humiliating and offensive statements do not constitute defamation. To be considered defamatory, the statement must cause the reputation of the plaintiff to be harmed, expose the plaintiff to hatred, cause him to suffer ridicule or contempt, cause his peers to think lower of him, cause him to be shunned or harm his business or trade. Saying that Tom is a stinky fool, is an opinion statement, but saying that Tom abuses his children could be considered defamation.
Fault
The plaintiff will also have to prove that the defendant acted maliciously or negligently in publishing the statement. This can generally be summed up as knowing the statement was false and publishing it anyway, or not knowing if the statement was true or false and not making a reasonable effort to find out, and publishing it anyway.
Applicable Privilege
There are certain defenses recognized by individual courts regarding defamation. If the statement is protected by the following privileges, the defendant can not be found guilty of defamation.
- Substantial Truth
- Opinion and Fair Comment
- Fair Report
- Neutral Report
- Wire Service Defense
- Section 230 of the Communications Decency Act
Though this article gives a broad definition of defamatory statements, the content herein is not recognized by all courts in the U.S. Defamation is defined by individual courts, and the defenses and privileges listed may or may not be effective in your state. The information contained in this article should not be construed at legal advice, and those accused of defamation should seek legal counsel immediately.