Legal Definitions - libel per se

Libel per se refers to a written or published defamatory statement that is so inherently damaging to a person's reputation that the law presumes it has caused injury. This means that the words themselves are considered obviously harmful, making the statement "actionable in itself."

Unlike other forms of libel, a person suing for libel per se does not need to prove they suffered specific financial losses or "special damages" because of the statement. The harm is considered self-evident from the nature of the false accusation. Courts determine if a statement qualifies as libel per se by assessing whether the language, on its face, would naturally expose someone to public hatred, contempt, ridicule, or cause significant harm to their trade, business, or profession.

Here are some examples illustrating libel per se:

• Example 1: False Accusation of Professional Misconduct

  A local newspaper publishes an article falsely claiming that a highly respected surgeon has been stripped of their medical license due to repeated instances of malpractice and patient neglect. In reality, the surgeon has a flawless professional record and is fully licensed.

  How it illustrates libel per se: This statement directly attacks the surgeon's professional competence and integrity, which are fundamental to their career and public trust. The accusation is so severe that it inherently damages their reputation and ability to practice medicine, making specific proof of lost patients or income unnecessary for a libel claim.

• Example 2: False Allegation of Serious Financial Crime

  During a heated online debate, a user posts a comment on a public forum falsely asserting that a well-known financial advisor was recently convicted of insider trading and served time in prison, when no such event ever occurred.

  How it illustrates libel per se: Accusing a financial advisor of insider trading is a direct assault on their honesty, trustworthiness, and professional ethics. Such a false statement inherently undermines their credibility and ability to manage clients' money, causing obvious damage to their reputation without requiring proof of specific financial losses.

• Example 3: False Claim of Unfitness for a Public Role

  A flyer distributed in a community falsely states that a candidate running for mayor has a documented history of severe mental instability that renders them incapable of making sound decisions, despite the candidate having no such medical history.

  How it illustrates libel per se: Falsely attributing severe mental instability to a mayoral candidate directly questions their capacity to lead and make critical decisions for the public. This type of statement inherently brings the candidate into public ridicule and contempt, making them appear unfit for office, and the damage to their public image is presumed without needing to show specific lost votes or campaign contributions.