Defamation Law of USA

The defamation laws in the United States extend back to a case in 1734 that declared "The Truth" to be a complete defense against libel. Libel cases were not decided using the First Amendment, which was created to safeguard press freedom, creating disparate libel rules between states. Following the 1964 decision in New York Times Co. v. Sullivan, the only way public officials can prevail in a libel lawsuit is if they can show that the media outlet knew the information it published was incorrect or did so carelessly.

What is the meaning of Defamation Law?

Defamation is a false statement that injures the reputation of a person in the eyes of others. The statement can either be made orally which is known as Slander and can be made in written words or pictures or other visual modes which are published and known as Libel.

Defamation in the USA Laws

The following are the USA Laws −

State Statutes

The laws in the USA differ from state to state as each state has its own legal system therefore there is no uniform law on defamation in the entire country. Moreover, almost all the states have enacted their own statutes on defamation which are though similar to each other in essence however different in application. Additionally, in some of the states’ defamation is a criminal offence as well.

Civil Wrong

Although, defamation is primarily a civil wrong as it violates the right to reputation of a person and legal damages are available in the form of remedies.

Restriction by Constitution and Burden of Proof

Further, the defamation laws in the USA are restricted by the First Amendment which protects the freedom of speech and press therefore unlike the Common Law System in which the burden is on the defendant to prove the truth of the alleged defamatory statement, the burden is on the Plaintiff to prove the falsity of the statement in the USA.

Jurisdictional Limitation

The plaintiff can bring a defamation trial only in a court which has personal jurisdiction over the defendant due to the requirement of due process as specified by 14th Amendment.

Factors to Constitute Defamation

The following are the factors to constitute Defamation −

• The statement made by the defendant must be false in facts.

• The defendant must have either published or communicated the statement to a third person.

• The statement must have caused an actual harm or loss to the reputation of the plaintiff.

• The plaintiff if a public figure must prove actual malice on the part of the defendant.

Defences against a Claim of Defamation

The following are the defences against a Claim of Defamation −

• The Statutes of Limitations in the USA provides that the action must be initiated within one year of publication of a defamatory statement.

• If the statement is just an opinion without any malice.

• Fair Comment.

• Truth

• Privileges

• Truthful reporting of judicial proceedings.

• Reliable reporting of legislative proceedings.

Damages

The following are the Damages available −

Injunction Orders

An order of court which prohibits the defendant from publishing the defamatory statement in future.

Monetary Relief

The following are the monetary reliefs −

• Compensatory Damages for actual injury without proof of actual malice.

• Punitive Damages for punishing the defendant for malafide action.

• Presumed Damages for injury to reputation.

Conclusion

The Defamation Law of the USA outlines the process for a person to be sued for defamation, which is a false statement that damages their reputation. The law differs across states due to their unique legal systems. The defendant must be a public figure, have caused harm, and prove actual malice. The plaintiff can bring a defamation trial in a court with personal jurisdiction. Damages include injunction orders and monetary relief.

Frequently Asked Questions

Can you sue for libel in the US?

The majority of libel actions are civil in nature. The individual who is suing the publication of the possibly libelous comment is the individual who believes they have been wronged. The libel claim is a private individual must show that the publication of the false remarks was negligent.

What is the difference between slander and libel USA?

Libel is a written defamatory statement. Slander is an oral defamatory statement. Libel and slander were considered differently under common law, with libel being recognized as the more serious wrong.