What Are The Elements Of A Defamation Claim?
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.
Additional Defamation Articles
- What Is Defamation?
- What Are Slander And Libel?
- Are Insults, Critiques And Opinions Considered Defamatory?
- Are E-Mail And On-Line Activities Subject To Laws Relating To Defamation?
- Can I Be Sued For Defamation Of Character If I Am Writing A Book Based On A True Story?
- I Think Ive Been Defamed, How Can I Prove It?
- What Damages Can I Recover From A Defamation Of Character Suit?
- What Defenses May Be Available To Someone Who Is Sued For Defamation?
- What Is Libel Per Se?
- May Someone Other Than The Person Who Originally Made The Defamatory Statement Be Legally Liable In Defamation?