Legal Definitions - libel per quod

Libel per quod refers to a written or published statement that does not appear defamatory on its face but becomes harmful and damaging to a person's reputation only when combined with additional, external facts or circumstances. Without this outside information, the statement might seem innocent or neutral.

To successfully claim libel per quod, a plaintiff must typically demonstrate:

• That the statement was published in a permanent form (e.g., written, broadcast).
• That the statement was false.
• The specific external facts that, when combined with the statement, reveal its defamatory meaning.
• That they suffered actual harm or damages as a direct result of the defamatory statement.

Here are some examples to illustrate libel per quod:

• Example 1: The Unexpected Guest

  A local newspaper publishes a small article stating, "Mr. David Chen was seen leaving the back entrance of the old Miller warehouse at 2 AM last Tuesday." On its own, this statement seems innocuous. However, external facts reveal that the old Miller warehouse was the site of a major art heist that same night, and Mr. Chen is the head of security for the art gallery whose pieces were stolen. The defamatory meaning — that Mr. Chen was involved in or negligent regarding the heist — only emerges when these external facts are known. Without the knowledge of the heist and Mr. Chen's role, the statement would not be considered defamatory.

• Example 2: The Rare Acquisition

  A blog post reports, "Councilwoman Davies recently acquired a rare antique vase from a private collector." This statement, by itself, appears to be a simple report of a personal purchase. However, external information reveals that this specific vase was known to have been illegally smuggled into the country and was the subject of an ongoing international investigation into stolen artifacts. Furthermore, as a public official, Councilwoman Davies would reasonably be expected to be aware of such high-profile investigations. The defamatory implication — that Councilwoman Davies engaged in illegal activity or unethical conduct by acquiring stolen goods — only becomes clear once these external facts are introduced and understood in conjunction with the initial statement.

• Example 3: The Missed Performance

  A social media post by a disgruntled fan states, "Lead singer Sarah Jenkins was spotted enjoying a leisurely brunch in Miami last Saturday." Standing alone, this is a harmless observation. However, external facts reveal that Sarah Jenkins's band had canceled a sold-out concert in New York City that very Saturday, citing her sudden "severe illness" as the reason. The defamatory meaning — that Sarah Jenkins lied about her illness to avoid a professional commitment, potentially defrauding ticket holders and damaging her band's reputation — only becomes apparent when the external fact of the canceled concert and the stated reason for cancellation are known.