Causes
of Defamation Defamation is caused by:
False statements of fact: The statement must be demonstrably false. Opinion, even strongly worded opinion, is generally protected.
Publication to a third party: The statement must be communicated to someone other than the person being defamed.
Fault: The person making the statement must have been negligent (for private figures) or acted with actual malice (for public figures). Actual malice means knowing the statement was false or acting with reckless disregard for the truth.
Damage: The false statement must cause harm to the person's reputation or other interests.
Important Considerations
Qualified Privilege is a Defense, Not a Right: Qualified privilege protects statements made in specific situations, but it can be lost if the person making the statement acts with malice or abuses the privilege.
The Law Varies: Defamation laws vary by jurisdiction.
Truth is a Defense: Truth is an absolute defense to a defamation claim, even if the statement is harmful.
Context Matters: The meaning of a statement can depend on the context in which it is made.
Consult an Attorney: If you believe you have been defamed, or if you are concerned that you may have defamed someone, consult with an attorney.