What is considered a “public harm” that can give rise to a defamation claim?

In West Virginia, a “public harm” is a significant negative impact on the public’s health or safety, or on the public’s ability to engage in meaningful political discourse due to defamation. Defamation is when a person makes a false, damaging statement about another person or organization, either verbally or in writing. Generally, a person can make a claim for defamation if the false statement is made publicly, and causes harm to their reputation. In West Virginia, the harm must go beyond mere embarrassment or hurt feelings; instead, there must be a significant disruption to a person’s business, profession, or a harm to the public’s collective interest in health, safety, or politics. For example, if a person makes a false statement about a public official that causes them to lose their job or significantly impacts their ability to perform their job, then this could be seen as a public harm. A “public harm” can also occur if someone makes a false statement about a business that causes the company’s profits to decrease or causes customers to lose trust in the company’s services or products. Additionally, if a person falsely accuses another of a crime or a crime of moral turpitude like child abuse, then this could also be seen as a public harm. Overall, a “public harm” is considered a significant negative outcome that has the potential to disrupt the public’s health, safety, or political discourse, all of which are important factors in West Virginia’s defamation law.

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What is considered a “public harm” that can give rise to a defamation claim?

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