Defamation of character is a term that is used a lot, but what does it actually mean? Defamation of character is a false statement that can cause harm to your reputation and, often, financial harm. There are two types of defamation of character:
- Libel – written defamation or online defamation in written form
- Slander – spoken defamation
Defamation of character must have been published or shared in some form that causes a third party to hear of the defamatory statement. You cannot claim defamation of character if the statement is true. It is only defamation of character if the statement is false and the victim can prove it is false.
Harm From Defamation of Character
There are a few types of harm that defamation of character can cause, but the most common are reputation harm and financial harm. It can also call emotional distress or physical and mental pain and suffering.
Damage to Reputation
Defamation of character can cause harm to personal or business reputation. In fact, in order to file a defamation of character claim, the plaintiff must prove there was damage to their reputation as a result of the false statement. The damage to their reputation may cause issues in their personal or professional life, like losing their job, being passed over for a promotion, or losing customers.
Financial Harm
The harm to your reputation will often cause financial harm, too, whether it is a loss of a job or losing customers to your business. If you can prove the financial harm, then you can recoup the money through damages as long as you can prove the defamation of character caused a loss and how much money it cost you. Your attorney will be able to help you calculate the damages you can claim.
Pain and Suffering or Emotional Distress
Defamation of character can directly cause insomnia, anxiety, and depression, among other harmful disorders. It can cause both mental and physical suffering to the victim. Depending on the circumstances of the defamation of character and how it affected the victim’s life, the plaintiff may be able to claim pain and suffering damages. Witness testimony and proof of visits to doctors and therapists are often necessary when claiming pain and suffering.
Presumed Harm
If the defamatory statement accused someone of a crime or sexual misconduct, harm is automatically assumed. This is because being accused of a crime will immediately cause harm to reputation, even if they are later proved false. The person who made the false statement will have committed defamation of character if their accusation was false and made recklessly or maliciously.
Please note that someone telling a true but embarrassing story is not defamation of character, neither is an unflattering opinion. To constitute defamation of character, they need to present the false information as fact.
How to Prove Defamation of Character
There are a few elements that a defamation of character plaintiff will need to prove. These can vary between jurisdictions, but in general, they will need to prove the following things:
- The statement they made was false
- They recklessly made the statement or made it knowing it was false
- The statement was told to other parties or published for other parties to see
In some jurisdictions, the court will presume harm if you meet the above requirements. In some circumstances, you will need to prove that you suffered reputational or financial harm.
You can prove reputational harm through testimony, witness testimony, and documentary evidence. This may be emails or messages from people saying negative things about you or telling you they no longer want to work with you. Bank statements, bills, or financial records can prove financial harm.
If you are claiming compensation for pain and suffering caused by the defamation of character, then you will need to testify to the pain and suffering you experienced. You may also need witnesses like close friends and family members to testify and health providers to share the medical treatment they provided.