Also known as: defamatory communications · defamatory statement
Written by attorneys · grounded in primary & secondary sources — see below
A communication that tends to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him. The communication may take the form of an opinion or a statement of fact.
Derek Douglas told several colleagues that Danielle Dixon must have misused company funds because she took an unexplained trip. The statement implied undisclosed facts about theft. Danielle lost a promotion after the colleagues reported the accusation to management.
Dolores Diaz published an article claiming that Demetrius Douglas, the city treasurer, had diverted public funds for personal use. The article reached voters and donors. Demetrius lost the next election after the publication.
Daniel Diaz posted that Daphne Doyle had been convicted of shoplifting the prior year. Court records confirmed the conviction. Daphne's defamation suit failed because the statement was accurate.
Select any source to read its text and confirm it supports the definition.
Duffy Construction circulated a memo accusing its former project manager of stealing materials. Several clients canceled contracts after learning of the accusation. The manager proved actual economic losses traceable to the memo.
Dynamic Solutions issued a press release accusing its former engineer of falsifying safety test results. The engineer was a private figure with no media access. The company faced liability after failing to verify the claim before publication.
Dominion Capital sent a credit report to a small group of subscribers stating that Duarte Shipping was insolvent. The report was not a matter of public concern. Duarte recovered presumed damages without proving actual malice.
A plaintiff must show a false and defamatory statement concerning another, an unprivileged publication to a third party, fault amounting at least to negligence, and either actionability irrespective of special harm or the existence of special harm caused by the publication.
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An opinion statement is actionable only if it implies the allegation of undisclosed defamatory facts as the basis for the opinion.
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Yes. One who publishes a defamatory statement of fact is not subject to liability if the statement is true.
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The defendant is liable for the proved actual harm caused to the reputation of the person defamed and for any special harm legally caused by the publication.
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…brought by public officials. The rule requires that a public official prove “actual malice”—that the defendant published the defamatory statement with knowledge that it was false or with reckless disregard of whether it was false or not. The rule was extended to public figures in Curtis Publishing Co. v. Butts , 388 U.S. 130…