Defamation occurs when someone makes a false statement of fact about you that damages your reputation. It's a serious legal claim, but it's also commonly misunderstood — hurt feelings, negative opinions, and truthful statements don't qualify, no matter how upsetting they are. Here's what actually constitutes defamation and what you'd need to prove.
Opinions are protected speech. "I think that company is terrible" is not defamation. "That company committed fraud" — if false — could be. The key distinction is whether a reasonable person would interpret the statement as a factual claim.
Written defamation (libel) — including social media posts, articles, and online reviews — is generally easier to prove because there's a permanent record. Spoken defamation (slander) can be harder to prove without witnesses or recordings.
You need to show that the false statement caused real damage — lost clients, job termination, social ostracism, emotional distress. Some statements are considered so harmful ("per se" defamation) that damages are presumed: accusations of crimes, diseases, or professional incompetence.
If you're a public figure or public official, you must also prove "actual malice" — that the person knew the statement was false or acted with reckless disregard for the truth. This is a much harder standard to meet.
If the statement is true, it's not defamation — period. No matter how damaging or embarrassing a true statement is, the person who made it is legally protected. This is the most common defense in defamation cases.
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