What are “per se” defamatory statements?

In North Carolina, “per se” defamatory statements are those that are considered to be inherently damaging to a person’s reputation and are not subject to any interpretation. These types of statements are considered to be so damaging that no proof of damages is required for a person to pursue a lawsuit for defamation. Types of “per se” defamatory statements vary based on the jurisdiction, but they generally include statements that accuse a person of committing a crime, having a contagious or loathsome disease, or engaging in some other behavior that would harm their reputation. In North Carolina, these statements include ones that accuse an individual of “fraud, dishonesty, immorality, want of integrity in their trade, business, or profession, or imputing an inability to perform or want of will to perform an official duty". It’s important to remember that the mere use of the words “per se” doesn’t necessarily mean that a statement is considered defamatory. The statement must still meet the criteria of being damaging to a person’s reputation. The burden of proof in a “per se” case is on the defendant, who must demonstrate that the statement is true and is not damaging to the person’s reputation. Decisions on whether or not a statement is “per se” defamatory are often made by a court and are based on the particular circumstances of the case.

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What are “per se” defamatory statements?

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