Public Figure Defamation: It’s Harder Than You Think!
If you're a public figure plaintiff, you'll need to prove more than just that the defamatory statement was false. You must provide clear and convincing evidence the defendant knew it was false or recklessly disregarded whether it was true.
To prove prima facie defamation, a plaintiff must show four things:
1) a false statement purporting to be fact;
2) publication or communication of that statement to a third person;
3) fault amounting to at least negligence; and
4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.
Truth is widely accepted as a complete defense to all defamation claims.
An absolute privilege is also a complete defense to a defamation claim. Among other examples, this includes statements made by witnesses during a judicial proceedings.
In the defamation context, a qualified privilege permits someone to make a statement that would typically be considered defamatory, but because of particular circumstances, a particular statement made would not be considered to be defamatory. However, if the statement is made with actual malice, then the speaker will no longer be entitled to the qualified privilege.
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Looking for a defamation lawyer near me?
Call: 480-331-9397 or visit: 8283 North Hayden Road Suite 229
Scottsdale, AZ 85258
RM Warner Law is an internet and business law firm founded by Daniel Warner and Raees Mohamed.
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