What are “per se” defamatory statements?

In California, “per se” defamatory statements are those that are considered so damaging to someone’s reputation that they are assumed to be libelous or slanderous. This means that the statement is automatically seen to be libelous or slanderous, without any further proof or evidence. Examples of per se defamatory statements include accusing someone of a serious crime like murder or fraud, or making false accusations about a person’s character such as alleging that they are incompetent or dishonest in their professional capacity. In California, defamation law is based on a concept called the burden of proof. The person who makes the defamatory statement (the defendant) has the burden of proving that the statement is true. If the defendant is unable to prove the truth of the statement, then the statement is considered to be defamatory, and the plaintiff can then pursue a legal claim for damages. A statement is per se defamatory if the defendant cannot prove that it is true, without further evidence. In California, the burden of proof rests with the plaintiff when the statement is considered to be per se defamatory. This means that the plaintiff does not have to present any further evidence in order to prove the statement to be false. This is because the statement itself is deemed to be damaging enough to the reputation of the plaintiff, and is thus considered to be false. Overall, “per se” defamatory statements are those that are so damaging to a person’s reputation that they are automatically considered to be libelous or slanderous. In California, the burden of proof rests with the plaintiff in such cases, as the statement is deemed to be defamatory enough that it is assumed to be false.

What are “per se” defamatory statements?

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