Defamation is a false and often groundless statement that’s targeted to erode a person’s reputation. The term “defamation” is a catch-all term for both libel and slander. Libel is a written or published form of defamation, while slander is an oral version of it.
In the eyes of the law, defamation isn’t considered a criminal act. Rather, it’s categorized as a civil wrong or tort. This simply means that the victim of defamation can file a lawsuit against the person who made the false statement in a civic court procedure. This is especially true if such defamatory statements damage one’s ability to earn a livelihood and offer business and commerce.
Defamation can come in many forms. Some common examples include:
- making false statements that may tarnish one’s business or professional life
- claiming someone has committed a crime they haven’t
- spreading rumours about marital affairs or intimate topics
If you have been the victim of defamation, there are a few things you can do to try and repair the damage to your reputation.
Let’s learn about the elements of defamation, as well as some common defences to defamation claims.
What Are The Elements of Defamation?
In order for a victim to win a defamation lawsuit, they need to prove that the following elements are met:
- False: a false statement was made about them
- Published: the statement was told to the public, meaning at least one other person saw or heard it
- Injurious: the statement caused the victim harm
- Unprivileged: the person who made the statement did not have a legal or moral right to make it
Courts consider libel and slander to be two different forms of defamation. Libel is considered to be more serious for jurors and courts since it’s traceable and longer-lasting.
For example, if someone writes a blog post claiming you’re a crook or a fraud without any evidence, which could affect your viewers’ and readers’ perception of you, that would be valid grounds for a libel case.
However, depending on the severity of the slander and the environment in which it has been uttered or gestured, it can also be just as harmful.
For example, if your colleague tells your boss that you’ve untruthfully been stealing company supplies, which leads to you getting fired or not getting the raise you wanted, that would be a valid case for slander.
Learn more about defamation in this comprehensive LegalVision article.
Defamation and Public Officials
Different rules apply to defamation cases involving public figures, such as celebrities or politicians.
For a public figure to win a defamation case, they need to prove that the person who made the false statement did so with “actual malice”. This means that they either knew the statement was false, or they recklessly disregarded the truth.
This is on top of the already pre-established elements of defamation, which is why it can be more difficult for public figures to win defamation cases.
Historically, the courts have typically been more forgiving of criticism made against public figures since they have chosen to put themselves in the public spotlight. This doesn’t mean, however, that public figures haven’t been able to successfully win defamation lawsuits before.
What Are Some Defences To Defamation Claims?
There are a few defences that can be raised to try and avoid liability for defamation. These defences are as follows:
- Truth: if the statement made about the victim is true, then there is no defamation
- Opinion: if the statement is an opinion and not presented as a fact, then it’s not defamation
- Consent: if the victim gave their consent to the publication of the statement, then it’s not defamation
- Privilege: if the person who made the statement had a legal, social, or moral right to do so, then it’s not defamation. (Read more about Qualified Privileges and Absolute Privileges)
- Retraction: if the person who made the statement retracted it or corrected it promptly, then damages may be reduced as the harm done is minimised.
What Should You Do If You Are The Victim of Defamation?
If you believe you are the victim of defamation, or are an aspiring attorney looking for insights, there are a few things you can do to try and counter attempts of defamation.
Some of the things you can do are as follows:
- Send a cease and desist letter: if continuous defamation is taking place, such as on social media, you can send a formal cautionary request for the person to stop.
- File a lawsuit: You can gain damages for the harm that was done to you by filing a defamation lawsuit.
- Avoid acting emotionally: Take some time to calm down and assess the situation rationally to avoid worsening the situation.
- Correct the record: if the false statements are on the internet, you can try to correct the record by posting accurate information about yourself.
- Talk to an attorney: An employment law attorney can help reverse any harm that has been done to your reputation and help you protect your rights.
