What is defamation?

UPDATED: Jul 18, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 18, 2023

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UPDATED: Jul 18, 2023Fact Checked

Defamation is a statement that gives a negative impression of a person, company, group, product, government, or country. The statement is made as though it were true, when in fact, it is false. Defamation can be slander, which is made with spoken words, sounds, sign language, or gestures. Defamation in any other form, like in printed words or pictures, is libel. To be considered defamation, the claim has to be false, it has to be made as if it were true, and it has to have been communicated to people other than the entity being defamed.

If you believe you have been the victim of defamation, you can get justice by bringing a civil suit. However, you will have to prove that the statement made was false; prove that the statement did damage to you; and show that the statement was made without sufficient research to know whether it was true or not.

There are also four types of defamation called “defamation per se,” which means that the defamation is a given and it’s not necessary to provide proof of damage. Defamation per se is when someone falsely claims you have a foul disease (such as a serious and highly contagious one, like an STD), when someone falsly claims you are guitly of sexual misconduct, when someone falsely states that you have committed a crime, or when someone says that you are not fit to run a business. In these cases of defamation per se, the only proof needed is that the statement was made.

When the defamation is a statement made against public figures, like members of the government, officers of large corporations, or performing artists, additional proof is needed for a successful lawsuit. The defamed person must prove that the statement was made with “actual malice” and with disregard for the truth. In other words, the person who defamed must have done so with the intention of doing harm and/or with a reckless disregard for the truth.

If you have been the victim of defamation, you should contact a libel and slander attorney to get help recovering the damages you are owed.

Case Studies: Defamation Lawsuits

Case Study 1: The False Accusation

In this case, a prominent public figure, John Davis, is falsely accused of embezzlement by a rival political party during a highly contested election campaign. The accusation is widely publicized in the media, causing severe damage to John’s reputation and his chances of winning the election. John decides to pursue a defamation lawsuit against the rival party, seeking to prove that the accusation was false and made with malicious intent.

Case Study 2: The Defamatory Review

Sarah Johnson, a small business owner, receives a scathing online review from a disgruntled customer. The review contains false statements claiming that Sarah’s business engages in fraudulent practices.

As a result, potential customers are deterred from patronizing her business, leading to a significant decline in revenue. Sarah engages a defamation attorney to file a lawsuit against the individual responsible for the defamatory review, seeking compensation for the damage caused to her business.

Case Study 3: The Celebrity Rumor

A well-known celebrity, Emily Roberts, becomes the subject of a salacious rumor that circulates widely on social media platforms. The rumor falsely alleges that Emily has been involved in a scandalous extramarital affair.

Despite the lack of evidence, the rumor gains traction, tarnishing Emily’s personal and professional reputation. She decides to take legal action against the individuals responsible for spreading the false information, aiming to prove that the rumor was made with reckless disregard for the truth.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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