diffamation

Diffamation is the act of communicating a false statement about a person or organization to a third party, which harms that person’s reputation. The term covers written statements (libel) and spoken statements (slander), though the exact terminology and scope vary by legal tradition. To prove defamation, a plaintiff generally must show that the statement was presented as a fact (not merely an opinion), was false, was communicated to someone other than the plaintiff, and caused reputational harm. In many jurisdictions, the plaintiff must also show fault, with the required level differing for public figures and private individuals.

Defences commonly include truth or substantially true statements, opinion that cannot be proven true or false, and fair comment on a matter of public interest. Privilege may protect certain communications, such as statements made in legislative or judicial contexts. Other defenses include consent and, in some systems, absence of malice. Remedies typically involve damages to compensate harm and injunctions or retractions to prevent further publication. Statutes of limitations limit how long after publication a claim can be brought.

Diffamation law seeks a balance between protecting reputation and safeguarding freedom of expression. Legal regimes differ: civil-law systems place emphasis on fault and truth within civil codes, while common-law systems develop defamation principles through case law, often with varying standards for public figures. In many jurisdictions, online defamation raises questions about platform liability and the distribution of user-generated content. The term diffamation is used in many French-speaking and civil-law contexts and is generally analogous to defamation.