Defamations

Defamations are statements or representations that damage the reputation of a person or organization by presenting false information as fact. In many legal systems defamation is a civil wrong, or tort, and requires that the statement be communicated to someone other than the subject. It covers written, spoken, or broadcast statements.

Two common forms are libel (written or published statements) and slander (spoken statements). Some jurisdictions treat all defamation claims similarly, while others distinguish between the two for damages or proof of falsity.

Core elements typically include: publication to a third party; falsity; identification of the subject; and harm to reputation. Fault standards vary: private individuals may require negligence; public figures often must show actual malice. Truth and opinion defenses exist, but not all opinions are protected if presented as fact.

Common defenses include truth or substantial truth; fair or qualified privilege in certain contexts (such as reporting on official proceedings); absolute privilege for statements by legislators and witnesses; opinion, satire, and criticism; and consent or apology. Statutes of limitations and anti-SLAPP measures may limit lawsuits.

Remedies typically involve damages or injunctions. In some jurisdictions criminal defamation laws exist but are controversial. The rise of online platforms has expanded defamation concerns, with cross-border publication complicating jurisdiction, choice of law, and enforcement.