What You Need to Know About Suing for Defamation of Character
Defamation occurs when an individual ruins a third party’s reputation through speech or writing. Here’s how to sue for defamation of character.
Suing for defamation requires proving a variety of elements: that the claim is false, that the claim is unprivileged, that the defendant intentionally published the claim to harm the individual and that the defendant acted with a degree of legal fault.
What is Defamation of Character?
Defamation is the act of ruining an individual’s reputation, with defamation of character referring specifically to ruining an individual’s reputation in reference to their morals and personality. According to the California Civil Code Section 44, defamation is caused through libel or slander.
Libel is defined in the California Civil Code Section 45 as a “false and unprivileged publication” through means of writing, printing or any other visual form, that ruins an individual’s reputation. Slander is defined in the Califonia Civil Code Section 46 as a “false and unprivileged publication” that is spoken that ruins an individual’s reputation.
Related: How to Sue for Slander: Defamation Lawsuit
What to Prove When Suing for Defamation of Character
When suing for defamation of character, the plaintiff must prove many elements in relation to the case.
They must prove that the defendant’s action was intentional, and was meant to be interpreted as factual. Opinions generally cannot be defamatory, unless they are created on the basis of implied defamatory facts.
The plaintiff must also prove that the publication was false. If the publication and facts were true, the plaintiff’s argument for defamation is considered invalid. Additionally, the publication must also be unprivileged.
The plaintiff also must prove that the publication caused damages to them. In California, there are two categories of defamation in regards to this: defamation per se, in which the publication is considered so damaging that the plaintiff can sue without proving actual damages were made, and defamation per quod, in which the plaintiff must provide proof of actual damages caused by the publication. In a defamation per quod case, one could use things such as lost profits as proof of damages caused by the publication.
Finally, the plaintiff must prove that the defendant acted with a degree of legal fault. The degree required differs, however, on the privacy level of the plaintiff. For example, a private individual must only prove the defendant’s negligence in publishing the defamatory statement, while a public figure must prove actual malice.
FAQs About Suing for Defamation of Character
How long do I have to sue for defamation of character?
The defamation statute of limitations is one year since the date the suing individual knows, or should recently know, about the publication. As with all statutes of limitations, if you do not file a lawsuit within this time period, you will most likely lose all rights to filing the lawsuit.
Related: California Statute of Limitations for Defamation and Slander
What are examples of defamation per se?
Defamation per se cases usually occur when someone is falsely accused of committing a crime or publications that are harmful to a person’s job or occupation.
Who is considered a public figure for defamation purposes?
Generally, well-known individuals such as celebrities or politicians are considered public figures for defamation purposes. To be considered a public figure in California, the individual must have achieved fame and notoriety in all contexts. California also recognizes limited-purpose public figures, who voluntarily insert themselves into public controversies.
What’s the difference between libel and slander?
Generally, libel is defamation that is written, while slander is defamation that is spoken.
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