Defamation occurs when one individual makes false and malicious statements regarding another individual, either orally or in writing. Defamation is a legal concept that is used to remedy situations where an individual’s words cause harm to another individual’s livelihood or reputation.
If an individual has experienced defamation, also called being defamed, they can sue the individual who is responsible for the defamation in civil court. Defamation of character is a broad term that is used for any statement that damages the reputation of another individual.
There are laws in the United States that are in place to prevent individuals from ruining the lives of other individuals in relation to their:
- Careers;
- Reputations; and
- Personal lives.
A citizen, however, has the right to speak freely about other citizens without the fear that they will be taken to court. Defamation laws are in place as an attempt to balance this right to freedom of speech.
What Is the Difference Between Libel and Slander?
Libel is written defamation. This may include defaming another individual in a newspaper or a book.
This type of libel may also apply to businesses, not just individuals. Additionally, libel may refer to a visual depiction in addition to published statements made on:
Libel is considered damaging to an individual’s reputation because the defaming information may be read by large amounts of people. In order for an individual to recover for libel, the false statement that was made must have actually harmed the reputation of the other individual, instead of just being merely insulting or offensive.
Slander is defamation in the spoken form. It involves an oral publication of the defamatory remarks that are heard by a third party. The difference between slander and libel is the method of publication.
It is important to note, however, that in recent years, courts have held that there are not too many differences between the two categories of defamation.
How Do I Prove Defamation through Libel or Slander?
The state laws that govern defamation under the legal theories of libel and slander vary by state. However, there are certain general rules that individuals are required to prove in order to show that a statement was, in fact, defamatory.
The false statement has to harm the reputation of the other party, instead of being simply insulting or offensive, as noted above. A statement may be considered defamatory if it was:
- Published;
- False;
- Injurious; and
- Unprivileged.
The legal definition of a statement is something that can be:
- Spoken;
- Written;
- Pictured; or
- Gestured.
Published statements are statements that were seen or heard by a third party. A published statement is not necessarily a statement that was printed in a magazine or book.
The definition of a published statement includes:
- Radio;
- Speeches;
- Television;
- Social media; or
- Loud conversation.
Defamatory statements must be objectively false. This is because true statements are not considered damaging to another individual.
The plaintiff is required to prove that the statement caused harm to them in some way. Examples of harm may include loss of a job because of the statement or being harassed or shunned by neighbors because of defamatory remarks.
The statement has to be unprivileged. This means that, under some circumstances, which includes witnesses testifying in a court of law or a lawmaker making statements in a legislative chamber, an individual is not held liable for statements that may otherwise be considered defamatory.
Who Is a Public Figure in a Defamation Lawsuit?
Any individual, under the right circumstances, can be considered a public figure. The term public figure is not limited to celebrities or government officials.
There are some courts that have held, in certain types of defamation cases, that public figures may include:
- Bar owners;
- Restaurateurs;
- Accountants; and
- Insurance agents.
What Factors Allow a Person to Be Labeled a Public Figure?
In general, there are two things that allow an individual to be labeled a public figure. The first is when an individual has so much notoriety and fame that they can be considered a public figure.
This is often the case with celebrities and government officials who attain public figure status based on their identity. The second basis for being a public figure is when an individual voluntarily places themselves in the limelight of a certain issue and they gain public figure status based on their involvement with a specific controversy.
One example of this would be a store manager who holds a press conference when a former employee sues the business for racial discrimination. When determining public figure status on this basis, courts have examined numerous factors, including:
- Whether the controversy involves businesses or activities that are open to the public;
- Any radio or television appearances made by an individual regarding a controversy;
- Books or articles that were written by an individual relating to a controversy;
- Speeches and public appearances made by an individual regarding a controversy;
- If an individual grants interviews regarding a controversy;
- Hiring of a public relations firm to deal with a controversy; and
- Whether an individual generally was receptive to media coverage regarding a controversy.
It is important to note that this list of actors is not all-inclusive. The factors may differ depending on the variations in state law as well as the circumstances of each defamation case.
How Does Labeling a Person a Public Figure Affect a Defamation Case?
If an individual is labeled as a public figure, typically, they cannot sue another individual for defamation unless there was actual malice. This means that the false statement was knowingly or purposely made to inflict harm.
For example, suppose celebrity A wishes to sue newspaper B for printing an article that falsely stated that A is homosexual. Because A is considered to be a public figure, the defamation case is not likely to succeed unless A can show that B knew or should have known that A was not homosexual.
Are There Any Legal Defense to a Defamation Lawsuit?
There are two categories of defenses against defamation, common law defenses and constitutional defenses. Common law defenses to defamation include:
- Substantial truth: If the statement was, in fact, true, there will be no basis for a defamation action. The burden is on the defendant to prove that the statement was true;
- Absolute privileges: Certain circumstances rely so heavily on free discourse that the law provides immunity from defamation liability. Many of these privileges arise in governmental proceedings; and
- Qualified privileges: These privileges are based on the social utility of protecting communications that are connected with a speaker’s legal, moral, or social obligations.
The United States Constitution also provides a defense for defamation. Whether or not these defenses will be available depends on the status of the individual being defamed, for example:
- Public officials: Public officials, for example, politicians, are not allowed to sue for defamation unless the author of the statements knew or should have known the statements were false;
- Public figures: Public figures, including celebrities, also cannot sue for defamation unless the author of the statement knew or should have known that the statement was false; and
- Private persons: Everyday individuals can sue for defamation and recover damages for injuries to their reputation as well as their private lives, regardless of whether or not the author of the statements knew or should have known that the statements were false.
How Can a Lawyer Help Me?
If you have any issues, questions, or concerns regarding defamation, it is important to consult with a personal injury lawyer who can protect your rights and your reputation. Your lawyer can evaluate your status as a public figure as well as help plan the best steps forward for your case. They can provide you with the guidance and representation needed for your specific circumstances.
