Is a person required to demonstrate actual harm in order to sue for defamation?

In New Hampshire, an individual is not required to demonstrate actual harm in order to sue for defamation. This is because the state recognizes what is known as “per se” or “libel per se” defamation. In this situation, the defamatory statement is assumed to have caused harm to the individual’s reputation, regardless of whether or not the actual harm can be proven. It is important to note, however, that this kind of defamation must meet certain criteria in order to be considered libel per se. The statement must be false, must have been published, and must tend to harm the individual’s reputation. Additionally, the statement must fall into one of four categories: it must be an accusation of crime, an attack on one’s professional character or standing, an assertion of loathsome disease, or a charge of sexual impropriety. If the statement being sued for does not belong to any of these categories, then it may not be considered libel per se and, therefore, the plaintiff will need to prove actual harm. In New Hampshire, libel per se can be a powerful tool for individuals who have been defamed in some way. It allows them to sue without having to show actual harm, meaning they don’t have to go to great lengths to prove that they have endured real-world consequences due to the false statement. This is especially important for protecting individuals’ reputations and ensuring that they are not subject to defamation without consequence.

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Is a person required to demonstrate actual harm in order to sue for defamation?

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