Defamation refers to a tort which allows victims to sue and recover for harm to their dignity. There are two types of defamation: libel (written) and slander (oral). The essential elements of both libel and slander are the same: (1) false statements that negatively affect a person’s reputation for honesty, integrity, virtue or sanity; (2) identifying the victim; and (3) told or written to a third person who understood it. If a public figure or a matter of public concern is involved, the victim must also prove (4) falsity and (5) fault.

           To be considered defamation, the statement must be asserted as fact or an opinion appearing to be based on fact. To determine whether it is fact or opinion, courts will look at the events surrounding the matter and the character of the words used. “He is a thief” or “I wouldn’t trust him with my keys” may be deemed defamatory; whereas, “He’s no good” would likely be regarded as merely opinion.

           Any living person or entity may be a victim of defamation. Each person taking part in the defamation may be individually liable, as well as any person who repeats the defamation. The secondary source is liable even if he or she states the source and/or indicates that he or she does not believe the statement. The exception would be a publisher who simply disseminates materials, unless the publisher knew or should have known of the libel content.

           To recover for defamation, a victim must generally prove economic harm, but not always. The law recognizes four categories of defamation “per se” where harm is presumed: (1) assertions that relate to the victim’s profession, business or trade; (2) statements that a victim has a venereal disease; (3) announcements alleging a person has committed a crime of moral turpitude(dishonesty); or (4) statements that a woman is unchaste.

           The only defenses to defamation are consent, truth or privilege. For example, declarations made in court, legislative proceedings or between spouses are privileged.