What are the elements of a defamation claim?

Defamation is a type of civil claim that includes any intentional false communication, either written (libel) or spoken (slander), that harms a person’s reputation. In Mississippi, the elements of a defamation claim are (1) a false statement of fact; (2) that is published to a third party; (3) which causes injury; (4) and is not privileged. The first element requires that a statement of fact, meaning that it is objectively verifiable as true or false, was made and that it was false. For a statement to be considered false, it cannot simply be another person’s opinion. It must be demonstrated that the statement was false at the time the statement was made. The second element is that the statement was published to a third party. This means that the statement was made to someone other than the plaintiff. This can include oral statements, written statements, or even gestures. The third element is that the statement caused injury. Such injury must be proven to have occurred in order to make a successful claim, and this injury must be demonstrable in some way. Examples of injury include economic loss, hurt feelings, humiliation, or damage to professional reputation. Finally, the statement must not be privileged in order for a defamation claim to be successful. This means that the person making the statement had a legal obligation or right to make the statement. For example, statements made by witnesses in court or during a deposition may be privileged. Together, these four elements make up a defamation claim in Mississippi. If all elements are present and can be demonstrated, then a successful claim can be made for defamation.

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