Defamation is the communication of a false statement that harms the reputation of an individual, business, product, group, government, religion, or nation.
Defamation of character applies only to individuals.
Under the common law of most nations, the claim made in a defamation must be false, and have been made to someone other than the person defamed. The primary defense against a claim for defamation is that the allegations are true.
The onus of proof is on the the person claiming that he or she was defamed. The accuser has to show that the statement is untrue. The alleged defamation must have been made publicly so that other parties are aware of it; private conversations do not meet these criteria.
It must be proven that, at the very least, the words were negligent; but the main element in a claim for defamation is the claimant sustained actual damage to reputation which is capable of being quantified financially. It is important to understand that if the statement was made in the presence of other people, but not understood or interpreted by them, this is not considered a public statement of defamation.
If you believe that you have been defamed you will have to decide on the severity of the defamation and its financial impact on you. If it’s simply that your feelings or pride were hurt, you may have to settle for a simple apology – if you can get one.
If you can quantify the damage – and it must have been substantial – you can consider taking legal action. Taking into account your lawyer’s fees, you will need to think long and hard about suing, since defamation law in the United States is much less plaintiff-friendly than its counterparts in European or Commonwealth countries.
The first step is determining if the defamation of character was libel or slander.
While libel and slander are two different aspects of defamation, they are often coupled into one civil action when defamation is alleged. In the United States, a comprehensive discussion of what is and is not libel or slander is difficult, because the definition differs between different states, and under federal law.
In the U.S., there are four categories of slander that are actionable per se. These are:
- Accusing someone of a crime
- Alleging that someone has a foul or loathsome disease
- Adversely reflecting on a person’s fitness to conduct their business or trade
- Imputing serious sexual misconduct
In these specific cases, the plaintiff need only prove that someone had published the statement to any third party. While it is true that no proof of special damages is required, you would need to consider the costs of such an action, and whether you are just claiming for reputation.
You should also know that, at the federal level, there are no criminal defamation of character or insult laws in the United States.
Finally, American writers and publishers are protected from foreign libel judgments not compliant with the U.S. First Amendment.
