Defamation

Defamation is a false statement about a person or organization that harms their reputation and is communicated to someone other than the subject. It can be written (libel) or spoken (slander), though many legal systems treat libel and slander as forms of the same wrong. The central concern is the harm to reputation, not merely false information.

To be actionable, defamation typically requires: a false statement of fact (not a protected opinion); publication to a third party; identification of the plaintiff; and harm to reputation. In many jurisdictions, fault must be shown: negligence for private individuals; actual malice for public figures in the United States, meaning the speaker knew the statement was false or acted with reckless disregard for the truth. Some statements are protected as opinions or as statements of fact that cannot be proven true or false, and are not actionable.

Defenses include truth, opinion, and privilege. Absolute privilege applies in certain settings (legislative and judicial proceedings); qualified privilege may apply when the speaker has a duty or a legitimate interest and acted without malice. Other defenses include consent, retraction or correction, and, in some jurisdictions, statute of limitations and caps on damages.

Remedies include damages, injunctions, and retractions or apologies. With the growth of online communication, defamation cases increasingly involve digital platforms and questions of intermediary liability, takedown procedures, and jurisdiction. Defamation per se refers to statements that are inherently harmful, such as allegations of criminal behavior or professional dishonesty, where proof of damages is often presumed.