Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 7, 2026 · Last reviewed June 26, 2026
Defamation is a false statement of fact about you, passed off as fact, that damages your reputation. Hurt feelings, negative opinions, and true statements don't count, no matter how much they sting. To win, you generally have to prove the statement was false, was treated as fact, reached other people, and caused real harm. The "reached other people" part is what lawyers call "publication" — the statement must have been communicated to at least one person besides you. This is legal information, not legal advice. Here's what defamation actually requires.
Opinions are protected. "I think that company is terrible" is opinion. "That company committed fraud" — if false — can be defamation. The test: would a reasonable person read it as a factual claim? Calling something "opinion" doesn't shield it if it implies a provably false fact.
Written defamation (libel) — social media posts, articles, online reviews — is usually easier to prove because there's a permanent record. Spoken defamation (slander) is harder to pin down without witnesses or a recording.
Point to actual damage: lost clients, a firing, being shut out socially, emotional distress. Some statements are treated as so damaging that harm is presumed ("per se" defamation) — accusing you of a crime, a loathsome disease, or being bad at your job.
Public figures and officials must also prove "actual malice" — that the speaker knew the statement was false or acted with reckless disregard for the truth. That's a hard standard to meet. Private individuals don't carry that burden: states can set a lower fault standard like negligence, though some level of fault is always required.
If the statement is true, it's not defamation — period. No matter how damaging or embarrassing, a true statement is protected. It's the most common defense in defamation cases.
Defamation statutes of limitation typically run 1–3 years depending on the state, and the clock usually starts when the statement is first published. Missing that window is one of the most common reasons otherwise valid claims get thrown out.
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NotALawyer.com provides general legal information, not legal advice.