What is considered a false statement in a defamation lawsuit?

A defamation lawsuit can be brought up when a false statement is made about another person or organization. In New Hampshire, a false statement is defined as a untrue statement of fact that is made to someone else, or with a substantial audience, that does harm to the reputation of the person or organization. The false statement must not be protected by absolute privilege or qualified privilege. Absolute privilege is protection in cases where a person is immune to a defamation lawsuit because of their job or position. Qualified privilege is a defense which can be used when a person is in a position of trust and speaks in good faith about another. In addition, the statement must not be true or substantially true. If the statement is an opinion, it must be proven to be based on false facts. Furthermore, an opinion may only be considered false if there is proof that the opinion was arrived to through malice or a lack of reasonable care. Lastly, the false statement must have caused a harm to the person’s reputation. This harm can result in economic loss, such as a lost opportunity, or suffering to one’s good name. This must occur in a tangible way, such as causing public embarrassment or a lack of respect from colleagues.

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What is considered a false statement in a defamation lawsuit?

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