With today’s many different media platforms, it is easier than ever for individuals to publish statements for all to see. This includes not only traditional big-name news & tv outlets, but also blogs and social media sites.
Because of this, defamation law is more complicated than it used to be. New York’s defamation law has robust legal precedent that includes both private persons and public figures. Learn more.
What is defamation?
Defamation is the publication of false statements that damage your reputation. The statement must be published to a third party and cause actual injury to your business, employment, or reputation. Actual injury is a monetary figure that can be difficult to determine, but it includes any losses you experience as a result of the false statement like lost customers or termination from your job. It is also possible to recover damages for non-economic harm, like hurt feelings.
Defamation is not limited to written words; it can include gestures, images, signs, and all other forms of human-understandable communication. However, some statements are subject to an absolute privilege or a qualified privilege. An absolute privilege protects you if the statement was made in court or during official proceedings. A qualified privilege protects you if the person making the statement did not have malice or ill will toward you. For example, a published review of a book or film may be protected by a qualified privilege, as is a statement imputing unchastity on a woman.
Who is a public figure?
A public figure is someone who has achieved fame, prominence or notoriety in a society. Examples might include a celebrity, a politician or an advocate who is involved in a controversial issue. Defamation law recognizes that the reputations of these individuals require more protection than those of private citizens. This is because public figures seek out attention and may take the good with the bad. Additionally, public figures are able to refute defamatory statements through the media, making it easier for them to win a defamation case than private citizens who do not enjoy this ability.
The Supreme Court established a higher standard for defamation claims against public figures in the New York Times v. Sullivan decision. This standard, known as actual malice, requires a plaintiff to prove that the defendant knew that the statement was false or acted with reckless disregard for the truth. A later case, Gertz v. Welch, expanded the definition of public figure to include those who are thrust into a controversy for limited purposes.
What must I prove to win a defamation lawsuit?
To win a defamation lawsuit, the plaintiff must show that the defendant published a statement that hurt his or her reputation. Defamation includes both slander (spoken defamation) and libel (written defamation). The plaintiff must also prove that the statement caused injury, which is not always easy to do. The damage to one’s reputation can result in lost income, a loss of clients or customers, and the loss of an employment opportunity, among other things.
The evidence for this type of civil lawsuit is typically very strong. It may include a transcript of the disputed statement, articles in newspapers and magazines, photographs, videos, recordings, social media posts, and other evidence. It is important to obtain the evidence early on so that it does not disappear. It is also important to gather receipts and paystubs to document the financial loss you have suffered because of the defamatory statement. As with all civil lawsuits, each state has its own statute of limitations.
Who can sue me for defamation?
While defamation is not a crime, it is a civil wrong. Plaintiffs who win a defamation lawsuit can recover special damages (i.e., amounts that can be calculated with precision such as medical bills). They can also win general damages for the harm caused to their reputation and loss of standing in society, among other things.
Defamation cases involve complicated legal issues and require expert witnesses to weigh in on damages. Having a lawyer by your side can help you build a strong case and increase your chances of winning.
Private people are more likely to sue over defamatory statements than public figures. However, the Supreme Court has ruled that private people must show that the defamer acted negligently and not with actual malice. Furthermore, some statements enjoy qualified privilege in the context of litigation or of reporting on events of public interest. Therefore, it’s important to consult with a New York defamation attorney to make sure you have a valid claim.
