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Simple English definitions for legal terms
defamation
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A quick definition of defamation:
Defamation is when someone says or writes something that hurts another person's reputation. It can be spoken (called slander) or written (called libel). To prove defamation, the person who was hurt must show that the statement was false, that other people heard or read it, that the person who said or wrote it was careless or meant to hurt them, and that they suffered harm because of it. Different states have different laws about defamation, and some statements are considered defamatory no matter what. There are also defenses to defamation, like telling the truth or having a special reason to say something that might otherwise be defamatory.
A more thorough explanation:
Defamation is when someone says or writes something that hurts another person's reputation. It can be either spoken (slander) or written (libel). Each state has its own laws about defamation, and the rules for what counts as defamation and how much someone can be compensated for it can vary.
To prove that someone has defamed them, a person must show four things:
- A false statement that is presented as fact
- The statement was communicated to someone else
- The person who made the statement was at least negligent (meaning they should have known it was false)
- The statement caused harm to the person's reputation
For example, if someone writes on social media that a person is a thief, and that statement is not true, it could be considered defamation. If someone tells a group of people that a business owner is dishonest, and that statement is not true, it could also be considered defamation.
Each state has its own laws about what counts as defamation and how much someone can be compensated for it. For example, in New York, a court will look at whether a statement could be considered defamatory. However, many courts will still allow a case to go forward even if the statement is not clearly defamatory, as long as the person who made the statement should have known it was false.
Most states assume that someone who defames another person did it on purpose. However, in some states, the person who was defamed must prove that the person who made the statement was at least negligent (meaning they should have known it was false).
If the person who was defamed is a public official, they must prove that the person who made the statement did it with "actual malice" (meaning they knew it was false or didn't care if it was true or not). This is a higher standard than for other people who were defamed.
There are some defenses to defamation. For example, if the statement is true, it is not considered defamation. If the statement was made during a court proceeding, it is also not considered defamation. However, if the person who made the statement did it with actual malice, they may not be protected by these defenses.