Defending a Defamation Claim
Defamation is a cause of action for people who believe that another person’s statements negatively impacted their reputation or standing in the community. Even though our country has safeguards for free speech, some kinds of false and injurious speech can qualify as defamation and entitle a party to damages. However, there are many defenses available to individuals who find themselves defending a defamation claim.
Truth as a Defense
One of the most important things to keep in mind when defending a defamation claim is that truth is an absolute defense to defamation. Indeed, one of the elements that must typically be proven to make out a case for defamation is the falsity of a statement. It is important in our country that individuals have the right to state truthful facts, and courts do not want to punish individuals for merely stating the truth.
Because truth is a defense to defamation, making some ambiguous statements may shield individuals from liability for defamation. For instance, if someone calls an individual a “jerk” or another similar remark, it might be harder to prove a claim for defamation then if someone said that a person more specifically stole from people or mistreated others in their personal lives. As a result, it often pays to use more general language when referring to the conduct of others.
Public Figures
Defending a defamation claim can be easier if the person being discussed is a public figure. A public figure is usually someone who is a public official or an individual who is at the center of publicized affairs. In addition, some private individuals may obtain the status of a public figure if they are at the center of a particular controversy. The reason why public figures are treated differently is because there is a strong public policy in favor of free speech and courts do not want to unnecessarily suppress speech against public figures.
As a result, in order to prove defamation against a public figure, actual malice must be proved. This means that the person making the statement knew the statement was false or had reckless disregard for whether it was true or false. This is a high burden to satisfy, and as a result, it is much harder to prove defamation against public figures than it is for ordinary people.
Privilege
A defense of privilege is also extremely important when defending a defamation claim. Courts over the years have made it more difficult or even impossible to pursue claims for defamation in certain situations. Courts have reasoned that there are certain circumstances in which it is extremely important for people to be candid in their sentiments, and it is important to protect such statements from defamation claims so that people will free to provide their thoughts.
There are many situations in which a privilege may defend against a defamation claim. For instance, many statements in legal proceedings are protected from claims of privilege. Courts need parties and their attorneys to be candid about their arguments in the case, and to encourage such communication, such statements are usually privileged. In addition, certain types of recommendations made for employment purposes are also protected from defamation claims because courts do not want individuals to be fearful of making such statements. Since there are many situations in which privilege applies, it is important that parties speak to an experienced attorney to determine if privilege applies to your situation.
Third-Party Audience Needed
Another critical factor to keep in mind when defending a defamation claim is that the supposedly defamatory comments need to be made to someone other than the person alleged to be defamed. As a result, if an individual is insulted, and the only people who hear the insult are the alleged defamer and the person who is the target of the statement, then a defamation claim cannot stand. However, if a crowd hears the statements being made, this could support a claim for defamation. Creative arguments can oftentimes be made to support the third-party requirement, so it pays to speak with an experienced attorney to see if a cause of action can be made or defended in a given case.
Retraction
Retracting an allegedly defamatory statement can go a long way toward defending a defamation claim. Retraction is basically writing a statement indicating that a prior fact was wrong and that it is being withdrawn. If possible, people retracting statements can edit their content moving forward so that people cannot access the statement that is alleged to be defamatory. Retraction is important because it eliminates time that the supposedly defamatory statement is in the public domain, which can limit the amount of damages available to people who believe they have been defamed. From a practical perspective, individuals may be less likely to sue individuals for defamation if the statement is retracted, especially if an apology is included in the retraction, since efforts were made to right the alleged wrong of the defamatory statement.
The Rothman Law Firm is experienced with cases involving defamation and other related causes of actions. We know how to best make a claim for defamation or defend such a claim to serve the needs of our clients. If you are looking for an experienced New York and New Jersey attorney to handle your defamation or other legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.