What are the elements of a defamation claim?

In California, there are four elements to a claim of defamation. First, the plaintiff must show that the defendant “made an unprivileged publication of a false statement of fact.” This means that the defendant made a statement of fact (not simply an opinion) that was not protected by the law. Second, the plaintiff must show that the statement was about them specifically. This is known as “defamatory against the plaintiff.” Third, the plaintiff must show that the statement was made with “negligence, malice, or actual knowledge” on the part of the defendant. Generally, in order for a statement to be considered defamatory, it must be made with some kind of intent to harm the plaintiff. Fourth, the plaintiff must show that the statement caused some kind of harm. This harm can be either physical or emotional. All of these elements must be present in order for the plaintiff to successfully make a claim of defamation. The defendant must have made an unprivileged false statement of fact, and the statement must be defamatory against the plaintiff, made with some sort of intentionality, and it must have caused some kind of harm. If all of these elements are present, then the plaintiff may have a successful defamation case in California.

Related FAQs

Are statements made in the media protected by defamation law?
How can a person protect himself or herself from defamation?
What defenses are available to those charged with defamation?
How do you prove the public impact of a statement in a defamation case?
How do you calculate damages in a defamation case?
How do defamation laws vary from state to state?
Is a person required to notify the other party before filing a defamation lawsuit?
Is a statement considered defamatory if it is made in a book, magazine, or newspaper?
What are the limits of speech protected under defamation law?
How do you prove damages in a slander case?

What are the elements of a defamation claim?

Related FAQs

Related Blog Posts