What are “per se” defamatory statements?

Per se defamatory statements are statements that are so obviously harmful to someone’s reputation that no proof of damages is necessary for a valid claim. These defamatory statements are explicitly offensive and are classified as libel or slander. In Oklahoma, there are four areas of per se defamation. The first includes statements that falsely accuse someone of having a loathsome disease or crime, such as leprosy or a felony. The second is a false statement that impugns someone’s professional character or chronicles a scurrilous crime of which someone is allegedly guilty. The third is a statement that implies the person is unable to perform or unable to honestly perform his or her profession. Lastly, any statement that belittles or lowers someone’s reputation in the community is a per se defamatory statement. In Oklahoma, an individual needs to prove malice or a reckless disregard of the truth when making a claim of per se defamation. This means that the defendant must have been aware of the potential damage to the plaintiff’s reputation by making the statement. The plaintiff must also prove that the statement was actually published and that it caused actual damages or can be reasonably inferred to have caused damages.

Related FAQs

Is a person allowed to use the defense of fair comment in a defamation case?
Is it possible to win a defamation lawsuit without proving actual harm?
Are blogs considered “publishers” under defamation law?
Can a person be liable for repeating a defamatory statement?
Are statements made in an advertisement considered defamatory?
Is a statement considered defamatory if it is made on a blog or social media site?
Is a statement considered defamatory if it is made during an oral conversation?
How do you prove damages in a slander case?
What is considered a false statement in a defamation lawsuit?
Does a person have to establish a special standard of malice to win a defamation claim?

What are “per se” defamatory statements?

Related FAQs

Related Blog Posts