FAQ: Questions and Answers

[back to notice text] Question: What is the "publication" of a defamatory statement? Answer: Publication is the dissemination of the defamatory statement to any person other than the person about whom the statement is written or spoken. [back to notice text] Question: What are the elements of a defamation claim? Answer: The party making a defamation claim (plaintiff) must ordinarily prove four elements: a publication to one other than the person defamed; a false statement of fact; that is understood as a. being of and concerning the plaintiff; and b. tending to harm the reputation of plaintiff. If the plaintiff is a public figure, he or she must also prove actual malice. [back to notice text] Question: What is defamation? Answer: Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation. [back to notice text] Question: What are "actual" and "punitive" damages? Answer: Actual damages are damages awarded to a winning party to compensate them for a proven injury or loss; damages that repay actual losses. Punitive damages are damages awarded in addition to actual damages when the defendant acted with recklessness, malice, or deceit. Punitive damages are intended to punish and thereby deter blameworthy conduct. (Black's Law Dictionary)

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