What are the elements of a defamation claim?

In North Carolina, a successful defamation claim requires proof of four elements. First, there must be an unprivileged publication to a third person. The publication can be anything from written words to spoken words, or even images, as long as they were published to someone other than the person claiming to have been defamed. Second, the published statement must be false. For a statement to be considered defamatory, it must be untrue. A statement that is true is not considered defamation, even if it is said in a hurtful manner. Third, the published statement must be either “defamatory per se” or “defamatory in fact.” A statement is defamatory per se if its meaning is immediately understood, without needing any additional information. A statement is defamatory in fact if it causes harm to a person’s reputation. Finally, the publication must have caused actual damages to the victim. This means that the victim must have suffered harm—physical, emotional, or financial—as a result of the defamatory statement. In summary, to prove a successful defamation claim in North Carolina, the victim must prove the unprivileged publication of a false statement, either defamatory per se or defamatory in fact, that caused them to suffer actual damages.

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What are the elements of a defamation claim?

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