Titan Law PLLC

In New York State, the elements of a legal cause of action for defamation, whether oral (slander) or written (libel), are as follows:

1. False Statement of Fact

• The defendant must have made a false statement of fact.
• Opinions are generally not actionable unless they imply undisclosed defamatory facts.

2. Publication

• The statement must be communicated to a third party, either orally (slander) or in writing (libel).
• It is sufficient if just one other person hears or reads the defamatory statement.

3. Fault

• The defendant must have acted with at least negligence concerning the truth or falsity of the statement.
• For public figures or public officials, the standard is higher: they must prove “actual malice,” meaning the statement was made with knowledge of its falsity or with reckless disregard for the truth.

4. Defamatory Content

• The statement must tend to expose the plaintiff to public hatred, contempt, ridicule, or disgrace, or harm the plaintiff’s reputation in their business or profession.
• New York courts consider whether the statement would be understood as defamatory by a reasonable person in the relevant context.

5. Harm

• The plaintiff must show harm caused by the statement.
• In cases of libel, harm is often presumed.
• In cases of slander, the plaintiff must prove specific damages unless the statement falls into one of the slander per se categories (e.g., statements that impute a crime, suggest a loathsome disease, harm someone’s trade/profession, or imply sexual misconduct).

6. No Applicable Privilege

• The statement must not be protected by a privilege.
• Examples include absolute privilege (e.g., statements made in court proceedings) or qualified privilege (e.g., statements made in good faith on matters of public interest or concern).

Additional Considerations:

• Truth as a Defense: Truth is an absolute defense against defamation claims.
• Statute of Limitations: The claim must be brought within one year of the defamatory statement’s publication.
• New York Anti-SLAPP Law: If the statement involves public petition or participation, the plaintiff may face additional burdens, including proving actual malice even if they are not a public figure.

Don’t hesitate to contact us at blog@titanlawny.com if you have any questions about cases involving defamation.

For more useful info, check out the Blog Archive and Elements section.