Defamation Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Defamation, written in plain English, along with examples of how it is used.

What is Defamation?

n. The act of damaging a person’s reputation by making untrue statements. The remarks are considered libel if printed or broadcast over the media and slander if made orally. The defamation has to be proven to be made with malicious intent opposed to just fair comment when public figures are involved. Unless there is malice, damages for slanderous remarks may be limited to special damages. “Per se” slander and libel can easily lead to large monetary awards and/or punitive damage for the person harmed if the statements were accusations of having committed a crime, having a feared disease, or being incapable of performing one’s occupation. Printed retractions are demanded by most states for defamation and only allow a lawsuit if there is no such admission of error.

History and Meaning of Defamation

Defamation is a legal term that refers to damaging statements made by one person about another person or entity. The term covers both written (libel) and spoken (slander) statements that are untrue and cause harm to a person's reputation. In order for a statement to be considered defamatory, it must be false, communicated to a third party, and result in harm to the person's reputation or livelihood.

Historically, defamation was considered a criminal offense, and people who made defamatory statements could be punished with fines or imprisonment. Today, defamation is primarily a civil offense and individuals who have been defamed can sue the person who made the false statement for damages.

Examples of Defamation

  1. A newspaper publishes an article accusing a local politician of accepting bribes. If the accusation is false and causes harm to the politician's reputation, it could be considered libelous defamation.

  2. During a heated argument, one person accuses another of being a thief without any evidence to support the claim. If this statement is made in front of other people and causes harm to the accused person's reputation, it could be considered slanderous defamation.

  3. An employee sends an email to the entire company that accuses a coworker of stealing company property. If the accusation is untrue and causes harm to the accused person's reputation, it could be considered defamatory.

Legal Terms Similar to Defamation

  1. Libel: A type of defamation that refers specifically to written or published false statements that harm a person's reputation.

  2. Slander: A type of defamation that refers specifically to spoken false statements that harm a person's reputation.

  3. Trade libel: A type of defamation that occurs when someone makes false and damaging statements about a product or business, rather than an individual.