What are “per se” defamatory statements?

In West Virginia, “per se” defamatory statements are certain types of words or phrases that are considered by the law to be automatically considered to be defamatory. These statements put a person’s reputation into question and are considered to be defamation of character even without a need to prove the false words have caused actual harm. Examples of “per se” defamatory statements include claims that a person has committed a serious crime, such as fraud or theft; that someone has a contagious, infectious or loathsome disease; or false insinuations about someone’s professional or financial standing. The law also considers statements that accuse someone of a serious moral failing to be “per se” defamatory, such as calling a person “immoral” or “dishonest”. These types of statements are considered to be so obviously damaging to someone’s reputation that no evidence of harm is required to prove the case. In West Virginia, the burden is on the accuser to prove that the statement is true, otherwise it is considered to be defamatory. In other words, “per se” defamatory statements are words or phrases that are so obviously defamatory that the law assumes them to be false and damaging without the need for evidence of harm. If a person makes a “per se” defamatory statement about another person, the accused can sue for defamation without the need to prove the statement has caused any harm.

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What are “per se” defamatory statements?

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