Can You Sue for Defamation?

Defamation can happen when one person makes a false statement of fact that injures someone else's reputation, or causes them some other type of harm. In this article, we'll cover the basics of defamation (including its different forms) and discuss some key things to consider if you're thinking about filing a defamation lawsuit.

What Are the Types of Defamation?

Libel vs. Slander. Generally, a statement that is made in writing is libel, and a spoken statement is slander. However, here in the age of social media and online-everything, most states focus on the "permanence" of the defamatory statement in order to distinguish between libel and slander.

For example, a statement made on a messaging app like Snapchat, WhatsApp, or Slack is technically written or published, but what about once it's deleted? And something said on a "podcast," even though technically spoken, will likely be considered published because of the statement's permanence and the ease with which it's widely disseminated.

This distinction between libel and slander isn't usually all that important, but it can be a factor in considering the nature and extent of the defamed person's losses ("damages"). The more permanent the statement, the more potentially harmful it is to the plaintiff in a defamation case, the greater the damages.

How Do You Prove Defamation?

Though each state has its own particular rules, generally all of the following elements of a defamation claim must be satisfied:

• the statement must be false
• the statement must be one that appears to convey a fact (not an opinion)
• there must be communication (or "publication") to a third party (someone other than the person making the statement, and the person who's the subject of the statement)
• the statement must cause harm to the person who's the subject of the statement (though with some kinds of defamation, harm is presumed; learn more about damages in a defamation case), and
• the statement must not be privileged.

Learn more about the legal elements of libel and slander.

Facts vs. Opinion In Defamation Law

To be considered defamation, the statement must be one that appears to be stating a fact, not an opinion.

Distinguishing fact from opinion, however, can be difficult and often depends upon the context and circumstances as a whole. For example, just because the defamatory speaker uses words like "I think" or "in my opinion" doesn't mean the statements were merely opinion.

Courts will look beyond the actual words used to see whether a reasonable reader or listener could understand the statement as asserting a statement of verifiable fact, i.e., that the statement can be proven to be true or false.

There Are Different Defamation Rules for Public Figures

Generally, public figures must overcome a higher standard to prove that they've been defamed. Public figures usually have to prove that the defamer published the statement with "actual malice," meaning that the defamer made the statement with either knowledge of its falsity, or in reckless disregard for the truth.

A public figure is usually a person of general notoriety or fame, like a celebrity, CEO, or politician, but some courts have utilized a fairly broad definition of "public figure," so the category might be pretty inclusive.

What Are Some Defenses to a Defamation Lawsuit?

Truth. Truth may be a complete defense to defamation cases. In other words, if the statement at issue is in fact true, it can't be defamatory.

Retractions. In some states, a defamer that retracts the defamatory statement will receive some protection. For example, the plaintiff may be denied punitive damages or will be limited to "special damages" (the specific monetary losses caused by defamatory statement) if there was a suitable retraction.

Learn more about defenses to a defamation lawsuit.

What Is the Statute of Limitations for Defamation?

A statute of limitations sets a time limit on the right to file a lawsuit. Every state has these laws on the books, and there's usually a special deadline set aside for lawsuits over harm caused by libel or slander. Get details on the statute of limitations for defamation lawsuits in your state.

The "Single Publication" Rule and Defamation Lawsuits

It's important to note that in most states, even if a potentially-defamatory statement is later repeated or republished, the statute of limitations "clock" usually doesn't reset, and the plaintiff (the subject of the statement) can't bring another, separate defamation lawsuit based on that republication. This is sometimes called the "single publication rule."

For purposes of the running of the statute of limitations "clock" on the right to file a defamation lawsuit, what usually matters is the date on which the defamatory statement was first made or published.

Websites and Social Media Platforms Are (Mostly) Immune From Defamation Lawsuits

It's important to note that if someone posts something about you online, and it's clearly defamation, you can sue that person, but you almost certainly can't also sue the company that runs the platform on which the statement was posted.

That's because website operators—including the companies behind social media platforms like Facebook, Instagram, and TikTok—can't usually be held liable for defamatory statements posted by users of their sites, under Section 230 of the Communications Decency Act of 1996.

If you're wondering about the viability of filing a lawsuit over a statement that you think may amount to defamation (online or off) it might make sense to discuss your situation with an experienced lawyer. Learn more about how lawyers handle defamation lawsuits.