What is defamation law?

Defamation law is a branch of civil law that protects people from harm to their reputation caused by false statements. In New Hampshire, defamation law is governed by state statutes and common law. It is designed to prevent harm to a person’s reputation by punishing people who make false or malicious statements about the person. Under New Hampshire’s defamation law, a statement is defamatory if it tends to lower a person’s reputation in the eyes of the public or to otherwise cause them harm. Harm may include economic harms, such as the loss of business or employment opportunities, or mental and emotional suffering. In New Hampshire, defamation can take two forms: slander, which is an oral statement that is defamatory; and libel, which is a written statement that is defamatory. To be actionable under defamation law, a statement must be false, published, and made with at least some degree of fault or negligence. The damages that may be available in a defamation case can include compensatory damages, including actual damages, such as economic losses, or general damages, such as mental anguish or emotional distress; and punitive damages, which may be available in the most serious cases. In New Hampshire, there are also “privileges” that can protect someone from liability for defamation. These can include a qualified privilege for communications made in good faith in particular situations, or an absolute privilege for communications made by a public official in the scope of their duties, or by certain witnesses in judicial proceedings.

Related FAQs

Are public officials given additional protection from defamation claims?
Is an Internet service provider held liable for defamatory content published on its network?
Does a person have to prove intent in a defamation lawsuit?
Does a defendant have to prove truth in order to avoid liability for defamation?
How can a person protect his or her reputation from false and defamatory statements?
How do you prove the public impact of a statement in a defamation case?
What are the remedies available in a defamation lawsuit?
How can a person protect himself or herself from defamation?
How can an employer protect itself from potential defamation claims?
Are statements made in an advertisement considered defamatory?

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