Also known as: defamation · defamation tort
Written by attorneys · grounded in primary & secondary sources — see below
A common-law tort imposing liability for the publication of a false and defamatory statement of fact concerning the plaintiff to a third party when the defendant acts with the requisite degree of fault and the publication causes harm to the plaintiff's reputation.
Store manager Lopez publicly accused teenage cashier Tara Tran of stealing cash in front of coworkers and customers even though he knew a bookkeeping error caused the shortage. The accusation reached third parties and damaged Tran's reputation among her colleagues. Tran can establish the elements of defamation because the statement was false, concerned her, and was published without privilege.
A newspaper published an article falsely stating that local business owner Theo Thomas had committed fraud in his contracts. The statements were made with negligence as to their truth and reached readers who then avoided Thomas's services. Thomas may recover damages for the resulting harm to his reputation.
Select any source to read its text and confirm it supports the definition.
After reading a defamatory post about contractor Theo Thomas on a local forum, Tamara Tan reposted the identical false claims on her own social media account with added commentary. The republication reached new readers and caused additional reputational harm to Thomas. Tan is subject to liability for the defamation as if she had originally published the statements.
Local business owner Talia Torres sued a newspaper after it published a false story accusing her of tax evasion. Torres is a private figure with no access to media channels to correct the record. She may recover actual damages upon showing negligence without proving actual malice.
Tanya Tang published a blog post stating that Threshold Capital had engaged in fraudulent lending practices. The statements were factually accurate and supported by public records. Because truth is an absolute defense, Tang faces no defamation liability.
A television station broadcast a report falsely stating that executive Tristan Thompson had accepted bribes. The report was prepared with negligence regarding its accuracy and reached viewers who then shunned Thompson professionally. Thompson may recover actual damages for the reputational harm caused.
A plaintiff must show a false and defamatory statement concerning another, an unprivileged publication to a third party, fault amounting at least to negligence, and either actionability of the statement irrespective of special harm or the existence of special harm.
Yes. One who repeats or otherwise republishes defamatory matter is subject to liability as if he had originally published it, except for those who only deliver or transmit the material.
Truth is a complete defense. One who publishes a defamatory statement of fact is not subject to liability if the statement is true.
Private figures need not prove actual malice to recover for defamation. States may set the appropriate fault standard so long as they do not impose liability without fault, although presumed or punitive damages require a showing of actual malice.