Defamation California: Key Laws, Legal Defenses, and Damages Explained

Get an overview of California defamation law, including libel, slander, negligence standards, and the difference between public and private figures. Review key defenses, retraction rules, and available damages such as actual, compensatory, punitive, and emotional distress awards.

By Brad Nakase, Attorney

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Table of Contents

1. Introduction

2. California Defamation Statute: Privileged versus. Unprivileged Statements

3. Defamation Per Se

4. Public versus Private Figures

5. Defamation in California: Defenses

6. Possibility of Retraction

7. Defamation in California: Damages

Introduction

According to the law in California, defamation is the dissemination of false information intended to hurt a person or organization and expose them to mockery, scorn, or disdain.

Distinction between Slander and Libel

Slander is temporary or verbal defamation. Libel is published or written defamation.

Requirement for Negligence

Defamation claims in California require the plaintiff to demonstrate, at the bare minimum, that the defendant was negligent in creating or repeating a derogatory statement.

California Defamation Statute: Privileged versus. Unprivileged Statements

A statement has to be unprivileged for it to qualify as defamatory. Statements that are privileged are not regarded as defamatory or slanderous.

Privileged publications, as defined by California law, include:

Investigations and general press coverage (with proof of appropriate due diligence);
Some documents that are subject to review by the courts, and
An individual operating in an official administrative role was mentioned in certain accounts.

Defamation Per Se

With the exception of per se claims, plaintiffs in the majority of California libel and slander cases must demonstrate how the interactions under consideration caused material damage.

If there is intrinsic harm to the subject, the statement is deemed defamatory in and of itself. Some instances of per se defamatory claims include the following:

“Mike Taylor engages in insider trading.” Insider trading is prohibited. One’s reputation is naturally harmed when someone is called a criminal. Therefore, if Mike Taylor wasn’t culpable of insider trading, then this assertion would be deemed defamatory in and of itself.
“Mike Taylor is impotent.” “Mike Taylor is a sex worker.” (In general, Americans do not support public nudity & sexuality; this is reflected in the country’s libel and slander laws. Actions of “moral wickedness” are frequently seen as intrinsically defamatory in governments that accept allegations of defamation per se.)
“Mike Taylor is suffering from Ebola.” (It is defamatory in & of itself to falsely claim that someone has a deadly, infectious condition.)

Public versus Private Figures

Under California defamation law, the difference between a public and a private figure is significant.

Why Celebrities Typically Don’t File Defamation Lawsuits Against Tabloids

Private Figures merely need to demonstrate the carelessness of the defendant, per California state law. The real malice threshold, on the contrary hand, requires public figures to demonstrate that the defendant intentionally misled with the intent to cause harm.

Celebrities avoid suing media outlets because of the “public figure / real malice” criteria. Because if the tabloid claims to have “a source,” the public personality or celebrity must show that the defendant actually harbored malice, which is practically impossible. Additionally, celebrities who file defamation lawsuits against tabloids are subject to the discovery procedure, which a lot of them wish to avoid.

However, it is illegal for the media in California to turn a private person into a public character just by publishing a story about them.

Defamation in California: Defenses

California law acknowledges the truth as a legitimate defense against accusations of character defamation in California, just like other jurisdictions. Defendants may also prevail if the plaintiff cannot establish the defendant’s carelessness or if the plaintiff was not harmed by the misleading assertion of fact.

Another defense for defamation in California is qualified privilege. The news media are the main users of this privilege.

Possibility of Retraction

The defendant in the case of defamation in California has twenty days to comply with a plaintiff’s request for retraction. Should the case proceed to trial, the plaintiff’s potential recovery of damages is reduced if the defendant decides to comply & withdraw the defamatory comment as requested. The lawsuit may go to trial, and the complainant may be entitled to unmitigated damages if the defendant disregards the retraction notice by allowing the necessary 20 days to pass.

Defamation in California: Damages

The following kinds of damages are available to plaintiffs in cases of defamation in California:

Actual losses
Punitive damages
Compensatory damages
Damage from emotional discomfort

Any of the listed sorts of losses is recoverable by a private individual. However, before obtaining punitive & emotional distress damages, public personalities must demonstrate genuine malice.

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Defamation California: Key Laws, Legal Defenses, and Damages Explained

Introduction

California Defamation Statute: Privileged versus. Unprivileged Statements

Defamation Per Se

Public versus Private Figures

Defamation in California: Defenses

Possibility of Retraction

Defamation in California: Damages

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