What is defamation?

If someone has damaged your reputation with false claims—or you’re worried something you said crossed the line—you may be dealing with defamation.

There are two types of defamation: libel and slander. Libel is defamation that is written, printed, or published online, while slander is spoken defamation. Libel and slander both fall under the general category of defamation law, and the main difference between them is how the false statement is shared.

While the details can vary by state, the plaintiff alleging defamation usually needs to prove all of the following:

The defamatory statement was false.
The defamatory statement was communicated to at least one other person.
The defamatory statement caused harm, like damage to reputation or loss of business.
The person who made the defamatory statement was either negligent or did it on purpose.
Public figures must prove actual malice or reckless disregard, which means the statement was made knowingly.

On the other hand, the person being accused can defend themselves against allegedly defamatory statements a few different ways:

The statement was true. True statements are never considered defamatory—they are a “complete defense.”
The speaker had absolute privilege, which applies in situations like legislative sessions and court proceedings.
The statement was a “pure opinion,” which can’t be proven true or false, like “Rick is a terrible leader.”

It’s also important to know that freedom of speech doesn’t protect someone from defamation claims. The First Amendment stops the government from punishing speech, but it doesn’t protect you from being sued by private individuals for defamatory statements.

FAQs

Can you sue for defamation?

Yes, you can file a defamation claim if someone has made a false statement that caused you harm. You’ll need to show that the allegedly defamatory statement wasn’t true and prove actual damages like monetary or reputational harm.

What is an example of defamation?

If someone falsely posts online that a local business owner stole money from customers, and that post causes the business to lose clients, they could file a defamation claim. If it’s written defamation, it would be libel. If it’s spoken defamation, like on a podcast, it would be slander.

How hard is it to win a defamation claim?

It depends on the facts of the case. You may want to consult an attorney, especially if the case is complex. You’ll need solid proof that the statement was false, that it caused real harm, and that it wasn’t just an opinion. Public figures have a tougher time because they must also show the defamatory statement was made with actual malice or reckless disregard.

How do you prove a defamation claim?

To prove a defamation claim, you’ll need to gather evidence that shows what was said, who heard or saw it, why it was false, and how it hurt you. You’ll also need to prove actual damages, like showing lost business through financial statements. The more specific and factual your evidence is, the better.

Defamation