Defamation Of Character: Definition, Examples, And Case Law

Defamation law has a storied history in the United States. Until 1964, defamation cases had a lower burden of proof, and both private and public individuals had the same umbrella protections. Now, with the internet and artificial intelligence (AI), the legal landscape has changed dramatically. 

Defamation of character is defined legally as a fraudulent statement of fact that causes a victim harm. To pursue a civil claim for defamation, you must file a tort lawsuit to recover monetary compensation for damages. In order to bring a successful civil case for defamation, you should understand the legal basis for a successful defamation lawsuit and be prepared to provide evidence that the defendant lied or showed reckless disregard for the facts. 

This article will guide you through the background of defamation law and how to demonstrate defamation according to the law.  Defamation cases can be expensive and take a long time to resolve, so it’s important to consider whether a lawsuit is the best course of action. If you’re considering legal action for defamation, consider hiring a legal representative to guide you through this complex process. Different states have varying standards for defamation and potential damages, and a local attorney can help you understand how these statutes can impact your case. 

What is Defamation of Character?

Defamation, or defamation of character, is defined as a fraudulent statement that injures a third party’s reputation. Defamation becomes a legal issue when someone speaks or writes things that aren’t true about you. These assertions are then published as a statement of fact, which can have an immense impact on someone’s personal life, career, or professional reputation. Especially in the social media age, these allegations can have a broader audience that causes greater financial losses and emotional distress. But only if you can prove it. 

Before 1964, a plaintiff could succeed in pursuing libel action by showing proof of published defamatory communication. The court erred on the side of the plaintiff, presuming fault, falsity, and damages. Defendants could only escape liability by proving privilege or truth. The law began to change dramatically after the U.S. Supreme Court’s 1964 decision in New York Times Co. v. Sullivan. The Court ruled that the First Amendment imposes limits on the common law of defamation. This decision, in turn, made it harder for public figures and media companies to be held liable for defamation by introducing an actual malice standard. The actual malice standard requires that the defendant knew that a statement was false or was reckless in publishing the information without investigating its accuracy. 

Although liberal and slander are used interchangeably online, these are key distinctions that you should know before pursuing legal action. There are two types of defamation: libel and slander. What type of case you have will depend on whether the statements were written or spoken. Libel is written defamation, and slander is spoken. In comparison, slander describes verbal, unpublished defamation. Libel can be published in a variety of formats, including online platforms, radio, or television. The internet’s prevalence has dramatically changed the standards for proving defamation. 

What Are the Legal Requirements for Establishing Defamation of Character?

Defamation can be hard to prove because there must be several key elements present to establish that defamation took place. In addition, the First Amendment and free speech protections can make meeting this burden challenging. Just because someone says mean things about you on the internet doesn’t immediately make it a case of defamation. Someone expressing an opinion about you is not defamatory unless it’s fraudulent and stated as fact.

In order to establish defamation, four key elements are required:

• False statement of fact: a fraudulent statement is presented as fact.

  • It’s important to know that parody and statements of opinion are protected under the First Amendment and cannot be grounds for a defamation claim. 

• Publication or communication to a third party: false statements can be made orally (slander) or in writing (libel). This can occur in any form, such as text messages, social media posts, or a podcast. 

• Fault or negligence: You must prove that the defendant was negligent or acted with actual malice in making untrue statements. The negligence standard applies if you are a private figure. The actual malice standard applies if you are a general or limited public figure, including private individuals who take positions in high-profile situations or controversies.

• Harm or damage to the plaintiff's reputation: You must show that the fraudulent statement caused irreparable harm to the plaintiff's reputation, such as monetary damages and pain and suffering. Many states require that you establish concrete financial harm, such as proof that your business lost customers due to the slanderous comments. 

Defamation per se vs. Defamation per quod

Whether the defamation requires proof of injury or whether the court presumes that injury will determine if your case is defamation per se or defamation per quod. While they both cover injurious and false statements, defamation per se covers statements where the offensiveness and malintent are clear and do not need to be proven separately. Someone claiming a person committed adultery or elder abuse are both egregious accusations whose harmful effects are presumed by the court. However, in defamation per quod cases, the plaintiff must prove the false statement directly rendered damages. Defamation per quod requires a plaintiff to offer extrinsic evidence that demonstrates the false statement’s harmful impact. 

Legal Examples of Defamation of Character

Much has changed in the landscape of defamation law since the 1960s. Social media, celebrity culture, and the ubiquity of cell phones have changed the way defamation cases are litigated.  While the law is constantly evolving, the following are a few cases that have altered the trajectory of defamation law.

• Curtis Publishing Co. v. Butts: This 1967 case concerns an article published in the March 23, 1963 edition of The Saturday Evening Post. The article alleged that former University of Georgia football coach Wallace Butts conspired with University of Alabama coach Paul “Bear” Bryant to fix a 1962 football game in Alabama’s favor. The source was an insurance salesman who allegedly overheard a telephone call between the two coaches. Butts brought and won a libel suit against Curtis Publishing, owner of the periodical. 

• Decision: The court held that public figures are subject to the same standard as public officials under New York Times v. Sullivan. Public figures must show that a libelous statement was made according to the actual malice standard. 

• E Jean Carroll v. Donald J Trump: A set of twin lawsuits brought forth by author E. Jean Carroll against the former US president, the first of which went to trial in 2023. Carroll’s II case extends back to the mid-1990s when Ms. Carroll first claimed that Mr. Trump assaulted her in a dressing room. Trump denied the allegations and claimed that Carroll falsely accused him of ulterior and improper purposes. In 2022, Trump again denied the allegations, resulting in a second defamation lawsuit and an additional claim—one for damages for the sexual assault. Trump declared these allegations a “hoax,” though the jury found Ms. Caroll’s witness’s testimony to be credible. 

• Decision: The jury unanimously ruled in favor of Caroll II after determining that Trump’s statements met the burden for defamation. The court also found Trump liable for sexual abuse, awarding Carroll $2M in damages. This case is unique because it allowed Carroll to bring these charges after the statute of limitations had expired. It was covered by the New York Adult Survivors Act (ASA), which temporarily permitted people who were sexually assaulted as adults to sue their alleged assaults despite the fact that an earlier statute of limitations had run out. 

Impact of Defamation on Individuals and Businesses

No matter if someone’s making false statements at your job or on the internet, defamation can have serious negative consequences. These far-reaching consequences can affect the victim, both professionally and personally. It can impact an individual’s reputation, job prospects, earning potential, and overall well-being. Next, we’ll cover some of the potential side effects an individual may face as a result of defamation. 

Reputation damage

Salacious statements spread quickly, especially in the workplace or on social media. Damage to your reputation is hard to recover from once the rumor mill starts up. In a workplace, false statements can cause a person to be perceived negatively by coworkers and supervisors and even sour potential job prospects. Once your reputation is tarnished, it can be challenging to repair, and the damage can stick to you long after the initial allegations. Employers may be hesitant to hire someone with a damaged reputation, and individuals can miss out on job opportunities. Documenting the impact of these fraudulent statements is crucial to your case. 

Emotional distress 

Victims of defamation often describe the emotional toll that the false statements have had on their well-being. As a result of defamatory statements, an individual may experience embarrassment, shame, and humiliation. These feelings can have a long-lasting impact on a victim’s mental health and welfare. 

Loss of relationships

The impact of defamatory statements doesn’t stop once you turn off the computer or get home from work. Many folks say that the false statements have damaged their personal relationships. Victims may be isolated or ostracized by colleagues and friends. Their personal relationships experience stress and emotional turmoil because of the defamation. 

Lost income 

Victims with damaged reputations often experience lost income. As a result of defamatory claims, they may be passed over for promotions or raises by employers or let go. Many employers do not want to be associated with anything or anyone that may tarnish their brand, so they will be cautious when considering hiring someone with a problematic background. 

Legal Remedies for Defamation of Character

If you believe you’re a victim of defamation, then your primary remedy is to seek legal recourse, including filing a lawsuit against the person or entity responsible. The first thing to do is discuss your case with a lawyer who specializes in defamation cases. A defamation attorney can help you validate your claim before deciding to take suit. Though your case may settle before it goes to trial—a knowledgeable attorney can smoothly guide you through each step. 

If you successfully prove defamation of character occurred, you can be compensated for financial and punitive damages. Compensation can also include payment for the following: 

• Missed business opportunities 

• Lost earning potential 

• Expenses incurred as a result of repairing your reputation, such as online content removal 

• Medical payments, such as therapy for mental distress

• Non-economic losses, like compensation for ‘pain and suffering’ and diminished quality of life

For individuals found guilty of defamation, the consequences are primarily financial. Since a tort lawsuit is a civil matter, the U.S. government can’t impose penalties for defamation because it’s not a criminal offense. However, many victims of defamation have requested official retractions or public apologies as a stipulation of the settlement. If you’re guilty of defamation, expect to say sorry to your victim. 

How To Prove Defamation of Character in Personal Injury Claims

Validate Claim: In order to start the process, an attorney must first assess whether your case meets the legal definition for defamation of character. It’s important to note that even if their actions meet the legal definition, there are circumstances that can prevent you from filing a claim. For example, if the alleged victim is a public figure, the burden of proof is higher than that of a private citizen. The legal process will vary depending on the specifics of your case. What follows are some of the steps you can expect to encounter as you pursue your defamation case:

Gather Evidence: You need to gather as much evidence as possible to prove your case, such as: 

Witness statements, copies of the defamatory statements, documentation of the alleged harm caused, and proof that the statement was false or made recklessly. Any and all evidence that you can find will be necessary to demonstrate that defamation occurred. This step is likely to be one of the longest in terms of how much time it takes you to complete, but it’s one of the most important. Expert testimony and witness testimony are the foundation of most defamation cases and take time to produce. 

Calculate Damages: Your attorney should be doing most of the work required to calculate the economic and non-economic damages. They’ll calculate this estimate by examining the evidence of actual and future harm.

File the Suit: An attorney will file a lawsuit with the appropriate court and arrange for notice to be served to the defendant. After the suit is filed, both attorneys will likely file pre-trial motions. During this process, you can expect to share your evidence with the defendant’s attorney. Most lawsuits don’t go to trial. Often, the defendant’s lawyer will seek to dismiss the case before trial. If the motion to dismiss fails, the parties’ lawyers will try to negotiate a settlement that benefits both sides. If you reach an agreement, you’ll receive the negotiated compensation, and your claim is complete. 

At Trial: The wait for a trial is often longer than the trial itself. Depending on the court’s schedule and the number of pre-trial motions, it can take upwards of a year or longer before the trial begins. Once it starts, it usually only takes a few days to get through testimony. The court’s decision, whether from a jury or judge, can be expected shortly after the trial’s conclusion. Mediation and arbitration are alternatives to trial, which can significantly shorten the time it takes to resolve your defamation claim. 

Defenses against defamation claims

There are a few common law defenses for someone accused of defamation of character:

Truth: Truth is an absolute defense to a defamation claim.  A defendant will argue that the statement was true. If they can prove their statement was true through witness testimony and irrelevant facts, they’re off the hook. 

Opinion: The defendant can claim that the original statement was an opinion and, therefore, can’t be defamatory. For this defense to work, the statement must genuinely be an opinion and not an assertion of fact. It can still be considered defamation to make a factual statement that starts with qualifiers like “I think” or “I believe.” 

Privilege: A defendant may claim that their statement was protected under privilege. An absolute privilege is a complete defense to a defamation claim. Some statements are deemed critical to the public’s interest and are completely shielded from defamation liability, even if false. An example of absolute privilege is a statement made by a politician performing their lawmaking duties. When absolute privilege applies, whether the defamatory speech was false or the speaker’s words were intentional are both irrelevant. 

Qualified privilege extends to people who are acting in good faith and who make these statements to fulfill a duty. The court presumes these statements to have been made without malicious intent. Statements made in self-defense to warn others about harm or danger are protected under qualified privilege. 

Retraction: Retracting an allegedly defamatory statement serves as a good defense to a defamation lawsuit, especially if it includes an apology. Some states require people to request a retraction before filing an official lawsuit.

Consent: There are instances where the plaintiff consented to the publication of the defamatory statements. Consent can be given orally, in writing, or implied. The plaintiff must prove that the defendant consented to statements being made public. Consent is a complete defense that bars any defamation suit. 

Hire an Attorney 

It’s critical to hire a defamation attorney before proceeding with your claim. The defamation process is complex and time extensive, and it’s worth having an advocate on your side. Save time and money by letting Expertise audit and screen specialists in your area on the basis of professionalism, friendliness, and service capabilities. You can trust that you're hiring the best of the best. Find an experienced defamation attorney through our Expertise concierge service. 

Defamation of Character FAQs

• How much does a defamation lawyer cost?
• What proof do I need for a defamation of character case?
• Can character defamation at work be proven? For example, can I sue my employer for defamation of character?
• Can opinions be considered defamatory?
• How much is a typical defamation case worth?
• Is defamation of character a crime? Can you go to jail for defamation of character?