How Do I Prove Defamation of Character?
- Written By: Christina Edwards
- Edited By: W. Everett
- Last Modified Date: 21 May 2013
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2003-2013 Conjecture Corporation
In law, defamation of character refers to a false statement, either written or spoken, against someone that harms him in some way. A defamation of character claim is considered to be extremely difficult to prove in a court of law. Many lawyers agree, however, that if you have truth on your side, it is possible. To prove a claim of this sort, you must be able to prove that a claim was made and it was false. You must then prove that this statement was shared with a third party and that it caused you some sort of harm.
Proving that a statement was made against you is the first step to proving a defamation of character claim. This statement could have either been spoken or written. If the malicious claim was spoken, then this is known as slander. If it was written down or published, however, it is then known as libel.
After you can prove that a statement has been made against you, the next step is to prove that this statement is actually false or not privileged information. Privileged information is often associated with statements made during a court case. If the statement turns out to be true, or even partly true, this can harm your chances of winning a defamation of character case. For example, if someone informs a third party that you are a drug addict, you must be able to prove beyond a reasonable doubt that this is untrue.
The next step in proving a defamation of character claim is proving that it was shared or published. It could have either been spoken to one person or a group of people, or it could have been written down or published for people to read. The statement made must also refer specifically to you.
The last and, possibly, the most difficult step in proving defamation of character is showing that the false statement made by the defendant has caused you some type of damage. Actually causing damage and having the potential to cause damage, however, are two different things. You must be able to prove that your reputation has already been tarnished. Generally the easiest types of damage to prove are problems with your occupation and business losses.
There are a number of defenses in a defamation of character case, with the truth being the best. If you find that you are the defendant in a defamation of character case, your best defense would be to prove that the statement that you made is true. Another defense is privileged information. No matter how false or slanderous, statements that were made during a court case are usually protected from defamation of character claims.
Opinions are also typically protected. For example, if you told a colleague "I think Bob Jones is a drug addict," this is more likely to be interpreted as an opinion. On the other hand, if you said "Bob Jones is a drug addict," there is more of a chance that you will be found in the wrong.
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anon335462
Post 9 |
I was slandered and shamed by a church minister. I was ostracized and all that I spoke to the minister about in confidence was revealed in public. What can I do to address this issue?
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anon334521
Post 8 |
My ex husband's new wife is sending links to a site where my mother was busted for a meth lab, and yes I was there visiting, but not involved and my charges were dropped. Now she is sending links to my friends and family and my husband's friends and family saying I think you should know who this girl really is and what she is hiding from everyone. She is also saying that I'm a deadbeat mother all over my children's pictures and she also sending messages about me using my husband for money and more in depth detailed information as well. Is there anything I can do? |
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anon334005
Post 7 |
If a person has been exposed as being unscrupulous in their professional dealings and it has been aired on national television (rogue traders), can you be sued for defamation or libel if you were to name this person/business in a public forum? (facebook) |
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mustang672
Post 6 |
A couple years ago my son passed away because the heater (not portable) in his bedroom malfunctioned and it got way too hot for him. The police did their full investigation and found that I was innocent, it was an accident and that it was not just the heater in his room, but other heaters in the whole apartment complex were acting up. His was just the first to go that far and cause damage/death. I am now having problems with my boyfriend's ex-wife. They are in a custody case and she has sole custody while he gets three days and two nights a week. She has recently taken away all his time with the children (without filling papers to change the parenting time plan) and is giving all kinds of excuses, one of which is that she does not trust me around the kids because of what happened to my son. Now I have recently learned from friends that she has been going around town telling people that I purposely placed a malfunctioning portable heater in my son's room to kill him. People have started to believe/question me on this and from what I have heard, she is going to try to use this as a reason for him not to get his time with the children (as long as I am around, he can't have them) in court! Can I get her on defamation of character though slander or malicious intent for this? It's not only affecting me, but my boyfriend and his children. They have not seen their father for a month now because of her. |
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rwright80
Post 4 |
I will be 18 in one month. I am a high school graduate and college freshman living on my own, and I have been for nearly a year. I am dating someone who is over the age of 18 who I met in college and this girl is calling him a pedophile all over facebook and people ask and she says "text me" "msg me" and this is really bothering him. They posted his first name in a comment underneath the status. This is horrible and not true. What can I do? |
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anon170794
Post 3 |
would it be defamation of character if an employee put you down (as the employer) as a reference when trying to get an apartment and you said that she is new and has stuff to work on? my main boss said i would lose my job because it is defamation of character. |
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oasis11
Post 2 |
Sneakers41- I think that anytime you are accusing someone of defamation of character in the workplace that you should seek legal advice by way of defamation of character lawyers.
This area of the law is not as straightforward as other areas and the suits can be very complex. A lawyer can realistically tell you what your odds are in winning and whether the case is worth pursuing.
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sneakers41
Post 1 |
Suing for defamation of character is not easy. For example, if you are suing a company in a defamation of character lawsuit, you will have to prove that the company not only gave out false information about your job performance but you will also have to demonstrate that is was shared publically causing you difficulty in finding another job.
For example, if your supervisor spread rumors about you that were not true on a public forum like Facebook or Twitter then you might have a case if you can prove that the information not only did not allow you to find another job, but it also was false.
This is why employers are very careful about giving references and many only offer the dates of employment. This way the terminated employee cannot sue the company for defamation.
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