Legal Definitions - actionable word

An actionable word refers to a statement that is so inherently damaging to someone's reputation that the law presumes harm has occurred, without the need for the defamed person to prove specific financial or other losses. These words are considered defamatory "on their face" because their negative impact is immediately obvious and widely understood by society. Such statements often involve accusations of serious crimes, professional incompetence, loathsome diseases, or severe moral failings.

• Example 1: Accusation of a Serious Crime

  A local news blog publishes an article falsely stating that a respected city council member was recently indicted for bribery and corruption, even though no such indictment or crime ever occurred.

  Explanation: The accusation of bribery and corruption is an actionable word because it directly imputes a serious criminal offense involving dishonesty and a breach of public trust. Such a statement is inherently damaging to the council member's reputation, integrity, and political career, making it actionable without needing to prove specific financial losses or voter disapproval.

• Example 2: Professional Incompetence or Misconduct

  During a televised debate, a political candidate falsely claims that their opponent, a practicing surgeon, has been repeatedly sued for medical malpractice and has had their license suspended multiple times due to gross negligence.

  Explanation: These statements directly attack the surgeon's professional competence, ethical conduct, and fitness to practice medicine. Accusations of severe medical malpractice and license suspension are considered actionable words because they are inherently damaging to a professional's livelihood, reputation, and public trust, presuming harm to their career and standing in the medical community.

• Example 3: Loathsome Disease or Severe Moral Failing

  A disgruntled former employee posts on social media, falsely alleging that their previous employer, a prominent restaurant owner, has a highly contagious and socially stigmatized sexually transmitted disease, or that they are secretly operating a prostitution ring out of the restaurant's back room.

  Explanation: Falsely attributing a loathsome disease or severe moral failing (like running a prostitution ring) to someone is considered an actionable word. Such statements are inherently damaging to a person's social standing, personal reputation, and business credibility, leading to presumed harm without requiring proof of specific damages like lost customers or social ostracism.