What Are The Elements Of A Defamation Claim?

By: LawInfo

The party making a defamation claim (plaintiff) must ordinarily prove four elements:

1. a publication to one other than the person defamed;

2. a false statement of fact;

3. that is understood as

A. being of and concerning the plaintiff; and

B. tending to harm the reputation of plaintiff.

4. If the plaintiff is a public figure, he or she must also prove actual malice.

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