What Is Defamation? (Libel and Slander Cases)

Your reputation can make or break your business and personal life. Someone spreading lies and rumors about you may fall under the definition of defamation, and you might have legal remedies available to stop them.

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Defamation of character is the legal term used to describe when someone attacks or damages a person's reputation. This attack on your character or reputation may be verbal or written.

What Does It Mean to Defame Someone?

Being defamed isn't as simple as having things about you printed or stated aloud. The statements must be demonstrably untrue, so it isn't defamation if someone reports on something you actually did or if the statement is presented as an opinion instead of a fact. 

Parody is not considered defamation, so statements made for comedic effect are protected from charges of defamation.

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Is There a Difference Between Defamation, Libel and Slander?

The law defines defamation as an illegal attack on someone's character. Both slander and libel can be used to defame someone.

Slander involves a spoken statement that defames someone, which can include public statements on stage, things said on a podcast or individual statements made in a private conversation.

Libel involves written statements of defamation, which can include published articles in a newspaper or blog as well as statements made on social media that are intended to damage someone's reputation.

Both libel and slander are treated as defamation when it comes to legal proceedings and lawsuits. 

Is It Illegal to Defame Someone?

Making false statements about another person is illegal. Defamation of a public figure can be difficult to prosecute, since it requires malicious intent. Misstating the truth or claiming something as fact without intent to harm may not meet the criteria for defamation under the law if the person claiming defamation is a celebrity or politician. Private citizens may claim defamation based on negligence in failing to determine whether or not a statement was true before making it.

In most states, defamation is handled in civil court and not as a criminal case. Penalties typically involve financial compensation, and the exact amount is determined by the court. The two main types of penalty for defamation are compensation for the actual damage incurred and punitive damages.

Compensation for damages includes any lost income caused by the defamation, costs incurred to remove the defaming statements or repair your reputation and payments ordered by the court to make up for mental anguish or emotional distress. 

Punitive damages for defamation are rare, and some states don't allow punitive damages at all. This type of penalty is intended as a deterrent to prevent similar defamation in the future and to punish the person for particularly egregious instances of defamation.

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What Are Some Examples of Defamation?

Examples of defamation might include claiming someone has committed a crime or ethical violation without proof of such activity. Telling people someone stole $100 from their workplace might be defamation if there's no proof the person committed such a crime.

Stating that you believe an individual is a bad person in a more general sense may not fall under the definition of defamation. You can dislike someone and state your dislike or distrust without legal repercussions.

Statements of opinion and true statements tend to fall under freedom of speech. Because freedom of speech protections only apply to governmental interference with speech, individual businesses can limit speech even when defamation is not an issue. 

Some speech is protected as privileged speech. This includes statements made under oath in court and published statements intended to warn others about potential danger. A published news report about a company executive accused of covering up data about a harmful product is an example of this type of warning statement.

Can I Sue Someone for Defaming Me? 

If someone defames you, legal remedies are possible. You can file suit for defamation in civil court. If the person is found guilty of defamation, they may have to provide monetary compensation for the damage to your reputation.

In a defamation lawsuit, the person making the defamation claim has to prove the defamatory statement was false and show that the defamation caused actual damage. Public figures must also prove malicious intent on the part of the person who made the statement.

Because it can be difficult to prove defamation, the time and monetary cost of a defamation lawsuit may be more than the financial compensation you might receive. Penalties based on harm may not cover the costs of the lawsuit.