DEFAMATION LAW
What is Defamation Law?
Defamation law is the area of law that relates to communications about the reputation of another person. Defamatory speech is a communication that might hurt the reputation of someone else.
The purpose of the area of law is to protect people from having their lives and livelihoods ruined
or significantly altered because of untrue statements against them. However, the law still protects a person’s First Amendment right to speak freely without being held liable for saying something insulting, making a mistake or disagreeing with someone else. Defamation law is the area of law that seeks to protect a person’s reputation by preventing unfair speech that might hurt a person’s reputation.

Defamation law is primarily state law
Defamation laws exist by common law, and they also exist by statute. Many states have
defamation laws that are codified in state law. Defamation law is primarily state law. Although
each state drafts their own defamation laws, there are some aspects of defamation law that are
common to all states:
Types of defamation
There are two types of defamation: libel and slander. Libel is defamation that’s written down.
Slander is defamation that’s spoken. Generally, the law treats libel as worse than slander.
Because it’s written down, libel can be read again and transmitted again while slander might not
have the lasting or ripple effects that can come with libel.
What elements make up a defamation case?
Even though defamation laws vary by state, the typical elements of a defamation case are:
 Someone makes a statement
 They publish the statement to a third party
 Their statement causes injury
 It’s not a true statement
 There’s no privilege to protect the statement
Someone makes a statement
Defamation begins when someone makes a statement. It’s not enough to think bad thoughts
about someone else. Instead, defamation requires making an affirmative statement. The first
person who makes the statement can be responsible for committing defamation. In addition, a
person who repeats a defamatory statement that they hear from someone else can be liable for
defamation if they know or should know that the statement isn’t true.
They publish the statement to a third party
To amount to defamation, a statement must be published. It’s not enough to make the statement
in a personal journal and tuck it in a drawer. It’s also not enough to say the statement to yourself
when no one can hear it. To be defamation, a person must communicate the statement to a third
party.
Their statement causes injury
For defamation to occur, a person must suffer an injury. They must be able to show how they lost
a job or somehow otherwise suffered harm because of the statement. There are a few types of
defamation where damages aren’t required. A case of defamation per se occurs when a person
makes a statement accusing someone of criminal conduct, having a loathsome disease, being
unfit to perform their profession or accusing them of being unchaste.
It’s not a true statement
Truth is a defence to defamation. A defamatory statement must be untrue. The law doesn’t
prevent people from sharing true information about others. To have a claim for defamation, the
statement must be false.
There’s no privilege to protect the statement
In some cases, a privilege exists to protect the person who makes the statement from liability.
For example, if a person testifies in court, the things they say on the stand can’t be defamatory.
In addition, what lawmakers say during official debates is also protected.

An opinion is not defamation
A defamatory statement must be a statement of fact. It can’t be an opinion. For example, if
someone says that a model is ugly, the statement is just their opinion. It can’t be defamatory.
However, if the person says that a model weighs a certain weight or has an eating disorder, the
statement may be defamatory. If the statement causes the model to lose a job and the statement is untrue, the model may have a case for defamation.

Public officials and defamation
Defamation laws are different as they apply to public officials and celebrities. There’s a higher
standard for public officials and celebrities than the standard that applies to private individuals.
To prove defamation against a public official or a celebrity, the victim must prove actual malice.
That means, they must show that the person who makes the statement says it either knowing that it’s untrue or with reckless disregard for the truth. Reckless disregard for the truth means having doubts about the truth of the statement but failing to figure out whether or not it’s true.
Defamation law often involves new issues of law Defamation law is a changing area of law. As social media and the Internet change the way that people communicate, defamation law continues to change and expand.

For example, online reviews are a more recent topic of debate in the area of defamation law. Lawyers continue to debate the balance between free speech and the right to be free of unfair and false statements about a person or a company.

Defamation lawyers often work on unique cases that may contain
an issue of first impression. For lawyers who enjoy unique and challenging cases, defamation
law provides a welcome challenge.

Defamation law is civil law
The practice of defamation law is a civil practice. There is no crime for defamation and the
police don’t get involved. Instead, when a person is a victim of defamation, they must prepare a
lawsuit and file it in court. They’re the plaintiff in the case. Even though defamation is a civil
area of law, words can still amount to crimes on some occasions. If a person repeatedly makes
defamatory comments about a person’s reputation, it might about to harassment or stalking under state law.

Who practices defamation law?
Defamation lawyers are litigation lawyers. They’re in the business of sending cease and desist
letters. They’re used to drafting lawsuits, responding to discovery requests and even taking a
matter to court.
Defamation lawyers usually combine their practice of defamation law with other practices. They
might work for a small firm or large firm. While a lawyer specializing in litigation might work
on defamation cases in solo practice, most lawyers handling defamation cases work for mid-size
or large firms. Most clients need help with a defamation case only periodically, so most lawyers
combine defamation cases with a general litigation practice or with a practice that focuses on
First Amendment issues.

Making a career out of reputations
Defamation law is about the truth. It’s also about free speech and protecting the reputation of the subject of the speech. Lawyers who practice defamation law make their careers out of the legal disputes that arise when people make defamatory statements against others.

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