What is the difference between defamation per se and defamation per quod?
Defamation law in Oklahoma establishes two primary types of defamation claims, known as defamation per se and defamation per quod. Defamation per se refers to false statements that are presumed to be damaging to a person’s reputation without an additional need to prove actual harm. In other words, even if the defendant can prove that the statement was true, the plaintiff may still be able to win the case because the statement was considered inherently defamatory. Examples of defamation per se include accusing someone of a crime, stating that someone is incompetent in their profession, or claiming that someone has a loathsome disease. Conversely, defamation per quod refers to false statements that do not cause harm to a person’s reputation without additional proof. In these cases, the plaintiff must demonstrate that the false statement actually caused them harm or damage to their reputation. In order to prove this, the plaintiff may have to provide evidence of lost opportunities, economic loss, or emotional distress as a result of the false statement. Unlike defamation per se, the defendant may be able to successfully defend themselves by showing that the statement was true.
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