Torts · claim
Defamation is a false statement presented as a fact that injures a party's reputation. It can take two forms: libel (written) and slander (spoken). Successful claims typically require the plaintiff to demonstrate that the false statement was made with a certain degree of fault.
The statement made must be false and represent a fact.
What to prove: The plaintiff must show that the statement is objectively false.
The false statement must be communicated to a third party.
What to prove: The plaintiff must prove that the statement was published, meaning that it was made known to someone other than the plaintiff.
The plaintiff must establish the defendant's degree of fault in making the statement.
What to prove: In cases involving public figures, the standard is 'actual malice,' meaning the defendant knew the statement was false or acted with reckless disregard for the truth. For private individuals, negligence is generally sufficient.
The plaintiff must demonstrate that they suffered harm as a result of the defamation.
What to prove: The plaintiff must show that the defamatory statement resulted in actual damages, which may include economic losses, emotional distress, or reputational harm.
The plaintiff bears the burden of proof, generally under the 'preponderance of the evidence' standard.
Defamation is often tested in the context of the elements, particularly focusing on the distinctions between public and private figures and the applicable standard of fault.