What is Defamation of Character?

Defamation of character occurs when a false statement made by one individual about another harms the targeted person’s reputation, standing, or credibility.

Defamation is a common legal term that has been used, especially recently with many celebrities and influencers. Defamation is made up of libel and slander. Libel is a type of written defamation, whereas slander is a type of spoken defamation.

What is Defamation?

Defamation is a false statement concerning another that is published to a third party. Once this false statement is published to a third party, the plaintiff must prove that it harms their personal and / or their professional reputation. It is important to note that a defamatory statement is an assertive fact rather than an opinion.

An opinion, such as “I think that this person is a liar” is not a legal basis to pursue a defamation claim. That is why it is important to seek the advice of an experienced defamation attorney, such as our attorneys at the Heidari Law Group, to determine if you have a valid claim for defamation against the other party.

One of the most common misconceptions is that many may think they have a defamation claim against another when the statements that the other party made was an opinion rather than an assertion of fact. To determine if the other party in your claim made a fact or an opinion regarding your reputation, contact our skilled defamation attorneys today.

Types of Defamation

1. Libel: Defamation that is written or published in a tangible, permanent medium. Examples include newspapers, magazines, online articles, blogs, emails, and social media posts. Libel is particularly damaging because written statements can be widely disseminated and preserved over time.
2. Slander: Defamation that is spoken and typically communicated in a temporary form, such as verbal conversations, public speeches, or broadcasts. While slander may seem less impactful than libel, it can still cause significant harm if spread to influential audiences.

Key Elements of a Defamation Claim

To succeed in a defamation lawsuit, the plaintiff must generally prove the following elements:

1. False Statement:
   The statement in question must be factually false. If the statement is true, it cannot be considered defamatory, as truth is an absolute defense against defamation claims.
2. Publication:
   The false statement must have been communicated to at least one-third party (someone other than the person being defamed). This could be through verbal communication, written publications, or electronic transmissions.
3. Harm:
   The statement must have caused demonstrable harm to the victim’s reputation, such as financial losses, diminished social standing, emotional suffering, or professional setbacks.
4. Fault (Negligence or Malice):
   Depending on the situation, the plaintiff must show that the defendant acted negligently or with actual malice. Actual malice applies when the defendant knew the statement was false or acted with reckless disregard for the truth. This standard is particularly relevant in cases involving public figures.

Exceptions and Defenses to Defamation Claims

Certain statements are not considered defamatory due to protections under the law:

1. Opinion:
   Statements of pure opinion that cannot be objectively proven true or false are typically protected. For example, saying, “I think their product is bad,” is likely not defamatory, while claiming, “Their product contains harmful chemicals,” could be if the claim is false.
2. Privilege:
   Some statements made in specific contexts are protected by privilege. For instance:
   • Absolute Privilege: Statements made during legal proceedings, legislative debates, or other protected settings are immune from defamation claims.
   • Qualified Privilege: Statements made in good faith for legitimate purposes, such as employment references, may also be protected under certain conditions.
3. Consent:
   If the individual being defamed consented to the publication of the statement, they may not be able to pursue a claim.

Consequences of Defamation

Defamation can have far-reaching consequences for victims, affecting personal, professional, and emotional well-being. Common impacts include:

• Financial Losses:
  Loss of employment, business opportunities, or revenue due to reputational damage.
• Emotional Distress:
  Anxiety, depression, and other psychological effects caused by the harm to one’s reputation.
• Reputational Damage:
  Loss of trust or credibility within personal, professional, or social circles.

Legal Support for Defamation Cases

If you believe you’ve been defamed or accused of defamation, consulting an experienced attorney is essential. A lawyer can:

• Evaluate the merits of your case.
• Help gather evidence to support your claims.
• Advise on legal strategies and potential defenses.
• Represent you in court to seek compensation or defend against allegations.

Defamation cases can be complex, particularly when balancing free speech rights with the need to protect one’s reputation. Expert legal guidance ensures you navigate these challenges effectively and safeguard your interests.

Victims of defamation may pursue legal remedies to recover damages for these losses, including monetary compensation and court orders to retract or cease defamatory statements.

Can you sue for defamation of character?

Plaintiffs can sue for defamation of character. A plaintiff who files a lawsuit for defamation against a defendant would want to collect damages that include financial and emotional distress. Damages depend on the circumstances of the defamation and the type of loss that the plaintiff suffered because of the defamation.

What do I need to prove in a defamation lawsuit?

The elements for a defamation lawsuit differ depending on whether the plaintiff is a private individual or a public individual.

Private Individual

If the plaintiff initiating the lawsuit is a private individual, the plaintiff must prove that the statement made was false. For example, if the defendant told a third party that the plaintiff had a history of cheating on his wife, the plaintiff must prove that he has not cheated on his wife. If the defendant made a statement that is true, then the plaintiff does not have a valid defamation claim. Truth is an absolute defense to defamation.

The plaintiff must also prove that the defamation was published to a third party. This includes posting it online, telling a friend, publishing it in a newspaper or magazine, or broadcasting it on the news. If the definition was told verbally to a friend, it would qualify as slander, whereas if it was published in an article, it would qualify as libel. Even if the defendant nearly just repeated the defamatory statements, the defendant could still be held liable for publishing the defamatory statement.

Public Figure

A public figure could be anybody that is under the spotlight. This includes politicians, actors, businessmen, etc. Public figures must have to prove different elements in order to pursue a defamation claim against the defendant. The plaintiff must have to prove that the defendant acted with actual malice, meaning that the defendant knew that the statement was false or had reckless disregard for the truth. For example, if a news reporter reported that a politician has been stealing money from the government for the last three years, the politician must be able to show that the news reporter had reckless disregard for the truth and did not look into these claims before reporting it to the public. These elements are different from the elements a private individual would have to assert because a public figure is under the limelight, and so there could be several statements that could be made about them on any given day.

 If you or a loved one believe that a third party has made defamatory statements about you, and you have suffered some type of injury or loss, contact our attorneys today for a free no risk consultation to determine if you have a valid defamation claim against the potential defendant. Our skilled defamation attorneys have decades of experience representing the victims who had been defamed on a private level, and on a public level.

Social Media and Defamation

With the advancement of modern-day social media channels, such as Tik Tok, Snapchat, Instagram, Facebook, Twitter, etc. many social media channels are taking various steps in preventing defamatory statements. This is becoming very difficult because it requires close up monitoring, which could infringe upon another’s First Amendment rights.

Employer Defamation

One of the most common types of defamation claims we have litigated is employment defamation where the employer makes false statements regarding their employee at the workplace. For example, witnesses that have heard the employer make these defamatory statements could appear in court and explain their side of the story. The elements needed to prove workplace definition include:

• A false and defamatory statement made about an employee
• The statement was an authorized
• The statement was published or communicated to a third party
• The employer was negligent or made the statement intentionally
• The statement harmed the employee’s reputation and character

Our workplace defamation attorneys understand that it can be very difficult to have an employer make false accusations about you. This could impact your entire life’s career. Our attorneys are available on hand to take on your workplace defamation case.

What are the damages in a defamation lawsuit?

There are two different types of damages in a defamation lawsuit, which include actual and general damages. Actual damages are those that try to compensate the plaintiff for any type of financial losses suffered because of the defamation. Examples of actual damages include lost wages, decreased earning capacity, and lost future business opportunities.

General damages are those that could compensate the plaintiff for non-monetary harms that they have suffered. For example, common examples of general damages include pain and suffering, humiliation, emotional distress, disgrace, mental anguish, etc. This type of damage is determined by the judge or jury. That’s why it is very important to hire a skilled litigation attorney to fight hard for your case to make sure that you received maximum compensation for your injuries.

How much can you sue for in a defamation case?

Each defamation case varies, but in every circumstance a plaintiff has a harmed reputation and is trying to seek financial recovery. Hiring a firm with years of experience representing victims of defamation will give you the best chance of recovering the compensation you deserve. Our skilled defamation attorneys will happily review and evaluate your defamation case. Call us today.

Defamation cases could be complex and very difficult to prove. That is why you will need an experienced and aggressive personal injury attorney to guide you through every step of the legal process. Our skilled attorneys have offices located in every major city in California and Nevada, and are readily available to take your case. If you have suffered from any type of defamation, including workplace defamation, hire our attorneys today to protect your legal rights and recover damages. If you are planning to sue another party for defamation, you will have to have an experienced attorney and substantial evidence against the other party. Sometimes, defamation could be very difficult to prove, especially the injuries that have been suffered.

***Disclaimer: The content of this webpage, created by Heidari Law Group, is intended solely for educational purposes. While it endeavors to provide a general understanding of the law, it should not be construed as specific legal advice. Accessing and reading this site does not establish an attorney-client relationship with any member of Heidari Law. Furthermore, please be aware that the legal landscape is constantly evolving, potentially rendering some information outdated or inapplicable.