Defamation

A person may recover for false statements made about him/her.  The focus of defamation is on the injury to his/her reputation.

To recover for defamation, the plaintiff must establish: (1) a false and defamatory statement by the defendant concerning the plaintiff, (2) an unprivileged publication by the defendant to a third party, (3) fault on the defendant’s part in publishing the statement, and (4) either actionability of the statement irrespective of special harm or the existence of special harm to the plaintiff caused by the publication.

In addition to special and general damages for an action of defamation, a plaintiff may recover punitive damages by showing reckless or intentional disregard for the truth.  There are also differences between defamation actions between a regular joe/jane and a public figure.

Defamatory communications take two forms:

Libel

An action for libel is based on damage to reputation. Libel involves written communication or communication by broadcast media.  Libel is a written defamation or one accomplished by actions or conduct.  Certain words are presumed to be damaging to reputation if they reduce character or reputation in the estimation of his/her friends or acquaintances, or the public, or to disgrace him/her, or to render him/her odious, contemptible, or ridiculous.

Slander

An action for slander is also based on damage to reputation.  Slander is a spoken defamation.  Slander consists of the publication of defamatory matter by spoken words, transitory gestures or by any form of communication other than those defined as part of libel.  Some words are presumed harmful, for example, if the words accuse the plaintiff of: (1) commission of a crime of moral turpitude, (2) contraction of a loathsome disease, (3) adultery, (4) unchastity, or (5) unfitness in one’s business or profession.

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