Can a person be sued for defamation if the statement was made in a private conversation?
Yes, a person can be sued for defamation even if the statement was made in a private conversation in California. In California, defamation law states that defamation occurs when a person communicates a false statement of fact about another person that causes harm to their reputation. The injury must be proven for the person to be successfully sued. The statement must be "unprivileged," which means that it is not protected by any legal privilege, and it must be heard or seen by a third party other than the speaker and the person about whom the statement is made. A private conversation between two people does not constitute a privileged communication, so it is possible that a person can be sued for defamation for a statement made in private. This does not mean, however, that every statement made in a private conversation is actionable. In California, the statement must be particularly offensive, defamatory, and untrue in order for it to constitute defamation. A statement must also be communicated to a third party other than the speaker and the person about whom the statement is made. If the statement does not meet the legal definition of defamation, then it is not actionable.
Related FAQs
What is the difference between defamation per se and defamation per quod?How does a person prove that the defendant was negligent in publishing false and defamatory statements?
Can a person be held liable for defamatory statements made on a third-party website?
Are Internet service providers held liable for defamatory content published on their networks?
Is a statement considered defamatory if it is made to a third party?
What is the difference between libel and slander in terms of elements?
Can a person be sued for defamation if the statement was made in an email?
Are statements made in an advertisement considered defamatory?
Are threats considered defamation?
Is truth a defense to a defamation claim?
Related Blog Posts
The Basics of Defamation Law: What Every Business Owner Should Know - July 31, 2023How to Protect Your Brand from False Claims with Defamation Law - August 7, 2023
Understanding the Basics of Defamation Law to Safeguard Your Reputation - August 14, 2023
Defend Your Brand: Essential Advice on Defamation Law - August 21, 2023
Safeguard Your Business: Learn How Defamation Law Can Help - August 28, 2023