What Is Defamation Of Character? Definition & Examples

Each state establishes its own definition of defamation of character. In general, however, it occurs when:

• A false statement is made to a third party
• The statement is presented as fact
• The statement causes reputational damage

Defamation of character can take two different forms.

• The false statements can be made orally, in which case you would pursue a claim for slander.
• The false statements can be made in writing, in which case you would pursue a libel claim.

You can file a civil lawsuit for defamation of character, which allows you to recover monetary compensation for the libel or slander you have experienced that caused harm to your reputation.

In some states, defamation of character can also be a criminal offense, although these types of cases are rarely prosecuted.

If you wish to recover compensation for defamation of character, you file a civil lawsuit as the plaintiff. You have the burden of proving your case. Typically, the standard of proof is preponderance of the evidence, so you have to show that more likely than not, what you are saying is true and the harm you experienced actually occurred.

Although the rules vary slightly by state, the elements of a defamation case you need to prove include the following:

• A false statement of fact was made. Statements of opinion or parody cannot be grounds for a defamation claim. Additionally, truth is an absolute, or complete, defense to an accusation of defamation.
• A third party heard or read the defamatory statement. The defamation could have occurred in any form, including a podcast, spoken statement, text message, social media post or publication.
  
• The defendant who defamed you was either negligent or acted with actual malice in determining whether the statement was true. The negligence standard applies if you are a private figure. The actual malice standard applies if you are a general or limited public figure.
  
• The statement was not privileged. Certain statements are afforded extra protection and can’t give rise to a defamation claim. An example includes a statement made under oath in a court of law.
  
• You experience harm due to the defamation. You must prove that you were somehow damaged by the false statements made by the defendant.

You can go to court and present evidence of these elements of your claim. If the court sides with you, you can recover compensation. You could also potentially resolve your case through a settlement if the defendant or their insurer makes you a fair settlement offer in exchange for giving up future claims.

Actual Malice vs. Negligence

If you are a private figure and someone makes a false statement about you, you must prove they were negligent in determining the truth of the statement in order to recover compensation for defamation of character. This means you must show that a reasonable person would have been more prudent in ascertaining whether the statement was fact or fiction.

If you are a public figure, though, the standard is higher. Thanks to a case called New York Times vs. Sullivan, an actual malice standard applies. You must show that the defendant who defamed you knowingly published a false statement or acted with reckless disregard in finding out if it was true before publishing.

This actual malice standard applies in all situations for general-purpose public figures, which includes politicians and people who hold positions of power and influence such as movie stars or sports stars. Private people can become limited-purpose public figures if they take a position in a particular controversy or high-profile situation.

Defamation per se

In a typical defamation case, you must specifically show a statement is defamatory and harmful.

But, under a legal doctrine called defamation per se, the nature of the statement can be such that it is presumed to be defamatory. Examples include claiming someone has committed adultery, contracted a contagious disease, committed a crime or engaged in behavior incompatible with their business or profession.

If you are considering suing another party for defamation of character, the first thing you should do is contact a lawyer who focuses on defamation cases. You will need their comprehensive understanding of the law to smoothly guide you through each of the following steps in the process.

Determining Whether You Have a Valid Claim

Before an attorney can help you pursue your claim, they must assess whether it is valid. This means they will need to investigate the facts and determine whether the other party’s actions meet the legal definition of defamation of character.

Even if their actions meet the legal definition, some circumstances can prevent you from filing a claim. One of the most common circumstances applies when the alleged victim is a public figure. The burden of proof is higher when a public figure is targeted.

Gathering Evidence

Typically, the second-longest step in this process is gathering evidence. You and your attorney will need to gather as much evidence as possible, including:

• Copies of the defamatory statements (if they were published or if there is video or audio recordings)
• Witness testimony
• Documentation of the harm caused
• Proof that the statement was false

Every state places a limit on how long you have to file a lawsuit (typically, one year).

Calculating Damages

This step is tied to the previous one, and your lawyer will perform most of the work required. They will calculate damages by showing evidence of actual and assumed harm (i.e., future harm). If the defendant’s behavior was egregious enough, your attorney may also request punitive damages, though this is uncommon.

Filing the Lawsuit

Your attorney will file a lawsuit with the appropriate court and arrange for the defendant to be served notice that they are being sued. Once this step is taken, there will usually be several pre-trial motions by both attorneys, during which you will have to share your evidence with the other party.

Most lawsuits never reach trial. Instead, the defendant’s attorney will typically seek to have the case dismissed by the court prior to trial; and should that fail, the parties’ attorneys usually negotiate a settlement that is agreeable to both sides. If this happens, you will receive the negotiated compensation, and the defamation claim will be complete.

Going to Trial

The final step in the process is the trial, if one occurs. It may be a year or longer before the trial begins, depending on the court’s schedule and how many pre-trial motions each attorney files. Typically, testimony takes only a few days to a few weeks once a trial begins. The decision of the jury or judge usually comes a short time after that.

There are alternatives to trial such as mediation or arbitration, each of which might considerably shorten the time it takes to resolve the claim.

If you can successfully show defamation of character occurred, you can be compensated for actual financial losses, as well as for additional damages you incurred due to being defamed. Compensation also includes payment for:

• Lost earning power or missed business opportunities
• Expenses associated with repairing your reputation, such as online content removal
• Medical payments if you need treatment due to the impacts of the defamation, such as therapy for mental distress
• Compensation for noneconomic losses such as emotional distress, mental anguish, shame and diminished quality of life

You must prove your damages in a defamation of character case, which can be one of the more challenging parts of this type of claim.

Punitive Damages

In a limited number of situations, punitive damages may be available in a defamation of character case. These are intended to punish the defendant’s behavior and deter similar misconduct in the future.

Some states have limits on punitive damages, and they are typically awarded only in circumstances where a defendant was found to have behaved outrageously. A handful of states, including Michigan and Washington, prohibit the award of common law punitive damages all together.

If you were harmed by defamation of character, an experienced attorney can help you to gather evidence, file a lawsuit and prove your claim. Contact a libel or slander lawyer today to get the assistance you need getting the compensation you deserve.