What is Defamation Per Se?

The first is libel. Libel means that the defamatory statement was made in printed form. The second kind is what's known as slander. Slander means that the defamatory statement was spoken. Regardless of whether it's libel or slander, it could be what's known as defamation per se.

While defamation depends upon what particular state law says about what qualifies as defamation per se, typically they involve a few different categories. The first that would qualify for defamation per se is when someone makes a false statement accusing another of a serious crime. The next category is when they make a false statement intending to injure a person in his or her profession.

The third category is when they make a false statement suggesting that a person has a loathsome disease. Now, loathsome is a term of art in the area of law that goes back many, many years, but in today's day and age it means something that we would equate to AIDS, for example, HIV or some other kind of disease that people would not want to encounter.  

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This is Brian Hall, an attorney with Traverse Legal, PLC, a law firm that handles defamation matters for both plaintiffs and defendants throughout the United States. Today, I'll be answering the question, what is defamation per se?

Before I answer that question, let's talk about the two kinds of defamation. The first is libel. Libel means that the defamatory statement was made in printed form. The second kind is what's known as slander. Slander means that the defamatory statement was spoken. Regardless of whether it's libel or slander, it could be what's known as defamation per se.

While defamation depends upon what particular state law says about what qualifies as defamation per se, typically they involve a few different categories. The first that would qualify for defamation per se is when someone makes a false statement accusing another of a serious crime. The next category is when they make a false statement intending to injure a person in his or her profession.

The third category is when they make a false statement suggesting that a person has a loathsome disease. Now, loathsome is a term of art in the area of law that goes back many, many years, but in today's day and age it means something that we would equate to AIDS, for example, HIV or some other kind of disease that people would not want to encounter.

Then, the final category is when a false statement is made accusing a woman of unchastity. Regardless of if it's spoken or slander, or written or libel, defamation per se would have to fall in one of those four categories that I just reviewed. What does all of it mean? Well, if you are able to establish that the statement is, in fact, defamation per se, then the plaintiff does not have to allege and prove special damages showing economic loss. The reason that's important is because in order to state a claim or a cause of action that would allow a lawsuit to be filed and ultimately for a recovery to be made, you have to establish number one, that a false statement of fact was made; number two, it was made about someone else and published; and number three, that damages resulted.

If the statement can qualify as defamation per se, then, in fact, you don't have to go that extra step of proving special damages to show economic loss. Once again, as I mentioned before, it's important to look at each particular state's defamation laws before proceeding with a lawsuit. Or in the event that you're named defendant in a defamation lawsuit, to identify what the state of the law is in that particular state.

For example, a very recent decision out of New York has held that labeling someone as homosexual or gay, is no longer per se defamation. This is a change from what the law was in New York, and what typically the law is in other states.

Therefore, if you are considering filing a defamation lawsuit, or if you are, in fact, subject to a defamation lawsuit, you should work with a defamation attorney who can research and advise you regarding the law in the particular state where that defamation lawsuit would occur.

Once again, this has been Brian Hall answering your question, what is defamation per se?

 

You’ve been listening to Defamation Law Radio, where defamation of character, slander, and libel are always the topic of the day.  Whether you are a defamation attorney or a client, we are the number one resource for all your defamation questions.

Comments

[Enrico Schaefer]

Defamation per se is the most serious form of slander or libel. It is so egregious that the law presumes that the person who is the target of the defamatory statement has in fact been harmed. Oftentimes, it is difficult to prove damages in defamation claim. Defamation per se removes some of the hurdles normally in place when it comes to proving and showing damages to the person allegedly defamed.