What are “per se” defamatory statements?

In Idaho, “per se” defamatory statements are statements that are considered defamatory without additional proof or evidence. Generally, these statements are considered so damaging that there is an assumption of harm without any additional proof. In Idaho, per se defamatory statements fall into three categories: (1) those involving professional or business disgrace, (2) those involving sexual misconduct, and (3) those involving criminal misconduct. For example, a statement that someone was criminally charged with a felony would be considered a per se defamatory statement. Even if there was no proof that the person was actually guilty of the crime, the statement alone could be seen as damaging since it could negatively affect the person’s reputation. Similarly, a statement that someone was professionally or commercially discredited in any way would be seen as defamatory without any further proof. Likewise, in Idaho, statements that involve sexual misconduct are considered per se defamatory. This could include accusations of adultery, sexual harassment, or any other type of sexual misconduct. Even without any additional proof, these statements could damage a person’s reputation and livelihood. Finally, statements of dishonesty or unfitness for a trade or profession are also regarded as per se defamatory statements. This could include accusations of fraud, incompetence, or any other type of dishonest behavior in one’s professional or trade spheres. In summary, in Idaho, “per se” defamatory statements are statements that are considered defamatory without additional proof or evidence. These statements fall into three categories: those involving professional or business disgrace, those involving sexual misconduct, and those involving criminal misconduct.

What are “per se” defamatory statements?

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