defame

Defame means to make false statements about a person or organization that, presented as fact, harms their reputation. Such statements can be spoken (slander) or written or published (libel). The person who defames is the defamer; the harmed party is the defamed or plaintiff.

In civil law, defamation typically requires: a false statement of fact; publication to a third party; fault by the speaker; and harm. Some jurisdictions recognize defamation per se (statements about crimes, sexual immorality, contagious diseases, professional incompetence) where damages may be presumed; defamation per quod requires proof of harm. Standards for fault differ: public figures or matters may require showing actual malice; private individuals typically may prove negligence.

Defenses include truth as the most common defense; opinion statements protected if not presented as fact; privilege (absolute in certain proceedings, qualified in others) may shield; fair report privilege; consent; and sometimes apology or retraction. Anti-SLAPP statutes exist in many jurisdictions to curb frivolous or strategic lawsuits. The availability of defenses depends on the jurisdiction and context.

Remedies for defamation typically involve civil actions seeking damages and sometimes injunctions or retractions. Remedies vary by jurisdiction and may depend on whether damages are presumed or proven, and on the degree of fault shown. In many legal systems, defamation law seeks to balance protection of reputation with freedom of expression.

Online defamation, including statements posted on social media, websites, or comments sections, has become a common concern. Jurisdictions address issues of intermediary liability, takedown procedures, and timely corrections. Fact-checking, retractions, and prompt responses are common responses to allegations encountered in digital environments.