Is an employer held liable for defamatory statements made by an independent contractor?

In Minnesota, an employer may be held liable for defamatory statements made by an independent contractor if the employer can be considered a ‘publisher’ in the context of defamation law. A publisher is defined as someone who “chooses to communicate or ‘publish’ information to others by any means.” Therefore, if an employer has knowledge of the independent contractor’s statement, has control or influence over the statement and could have prevented or stopped it, the employer could be held liable for the contractor’s statement. For example, if an employer hires a contractor to design a website and knows or should know that the contractor has published defamatory content on the website, the employer may be liable for that content. In addition, if an employer hires an independent contractor as a spokesperson and the contractor makes a defamatory statement in representing the employer, the employer may be held liable for those statements. However, in general, an employer who exercises no control or influence over the comments made by an independent contractor will not be held liable for defamation. Thus, it is important for employers to be aware of the activities of independent contractors and to ensure that statements made on their behalf are not defamatory.

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Is an employer held liable for defamatory statements made by an independent contractor?

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