Defamation

What is Defamation?

Defamation occurs when someone knowingly makes a false statement that harms another’s reputation. The statement could be spoken (slander) or written (libel). While not a crime, defamation is a “tort” which can form the basis for both legal and equitable causes of action.

There are five elements needed to prove Defamation of Character:

1. The statement must be false;
2. The statement must specifically identify a person or organization;
3. The statement must be communicated or published to a third party;
4. The person who made the statement must have known it to be false at the time, or must have at least been negligent as to its truth or falsity; AND
5. The subject of the statement must be able to establish some level of damages to reputation or earning capacity.

Defamation Per Se applies to false statements that are so obviously harmful that damages are presumed to exist such as allegations of criminal activity, an infectious disease, sexual misconduct, or a behavior that calls into question one's ability to do his or her job.