What are “per se” defamatory statements?

In North Dakota, “per se” defamatory statements are a type of spoken or written communication that damages a person’s reputation. These statements are presumed to be false and to have a negative effect on the person’s character and standing in the community. Any statement which accuses an individual of certain types of misconduct or criminality is considered to be a per se defamatory statement. Specific categories of statements considered “per se” defamatory in North Dakota include: wrongfully accusing someone of a criminal offense, alleging a lack of integrity or ability in one’s profession or business, implying a lack of chastity or accusing someone of having a loathsome disease. Other statements may be considered defamatory depending on the context in which they are uttered or published. It is important to note that for a statement to be defamatory, it must be false. It is not enough for a statement to merely be injurious in its effect. If a statement is true, it is not considered defamatory. The law recognizes that truth is an absolute defense to a claim of defamation. Therefore, any statement that is deemed “per se” defamatory must not only be false, but must be objectively false. A statement that is merely opinion, rather than a statement of fact, is not considered to be “per se” defamatory. Those statements are instead regulated under North Dakota’s opinions privilege.

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What are “per se” defamatory statements?

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