What is the difference between defamation per se and defamation per quod?

Defamation per se and defamation per quod are two separate categories of defamation law in North Carolina. Defamation per se is a form of defamation that is always considered damaging and harmful, regardless of the context. This includes false statements that accuse someone of a crime, slander someone’s profession, or make false statements about someone’s sexual conduct or health. Defamation per quod, on the other hand, is a form of defamation that is not inherently harmful. This type of defamation requires additional context to become damaging, such as implying meaning through innuendo or context. An example of this would be saying something false and damaging about someone’s business in a way that implies the person is untrustworthy. In North Carolina, defamation per se is considered more damaging, so when a plaintiff sues for defamation, the damages awarded tend to be more severe. This is because the person making the false statement is presumed to have made it with malicious intent. In contrast, with defamation per quod, the defendant has a stronger case that the statement was made without malicious intent, and therefore the damages awarded are typically lower. It is important to note that North Carolina has both criminal and civil penalties for defamation.

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What is the difference between defamation per se and defamation per quod?

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