Legal Definitions - defamatory communication

A defamatory communication refers to a false statement of fact about an individual or entity that is communicated to a third party, harms the reputation of the subject, and is made with a certain level of fault (such as negligence or malice). This type of communication can damage a person's standing in the community, cause them to be ridiculed, or negatively impact their professional life or business.

Here are some examples illustrating defamatory communication:

• Example 1: A local blogger publishes an article falsely claiming that a popular restaurant owner uses expired ingredients and has failed health inspections multiple times. As a result, the restaurant experiences a significant drop in customers and receives negative publicity, leading to financial losses.

  Explanation: The blog post is a written communication containing false statements of fact (expired ingredients, failed health inspections) about the restaurant owner. It was published to a third party (the blog's readers). This communication caused harm to the owner's reputation and business. If the blogger published these claims knowing they were false or without bothering to check their accuracy (reckless disregard for the truth), it would constitute a defamatory communication.

• Example 2: During a live television interview, a political pundit falsely states that a candidate for public office has a secret criminal record involving tax evasion. Following the interview, the candidate's approval ratings plummet, and they face intense public scrutiny and accusations of dishonesty.

  Explanation: The pundit's statement on live television is a spoken communication. It contains a false statement of fact (secret criminal record for tax evasion) about the political candidate. It was broadcast to a third party (the television audience). This communication caused significant harm to the candidate's reputation and campaign. If the pundit made this statement knowing it was untrue or with a reckless disregard for its truthfulness, it would be considered a defamatory communication.

• Example 3: A disgruntled former employee creates a fake social media profile and posts numerous comments on various community groups, falsely accusing their previous employer's CEO of sexually harassing multiple staff members. These posts lead to the CEO being ostracized by professional peers and facing internal investigations, despite the allegations being untrue.

  Explanation: The social media posts are a form of communication. They contain false statements of fact (sexual harassment) about the CEO. They were published to third parties (members of the community groups). This communication caused harm to the CEO's professional and personal reputation. If the former employee published these false accusations with the intent to harm the CEO's reputation, it would be a defamatory communication.