Examples of Defamation

You may have heard the word defamation, but you might not understand exactly what it means. This legal term describes a real situation that could lead to litigation, because false statements may ruin your career or destroy your personal life.

Do not let someone’s slurs threaten your livelihood and reputation. Our employment attorneys can help you learn about common examples of defamation and what to do when it happens to you.

Common Examples of Defamation

From a legal standpoint, defamation occurs when someone makes a false, unprivileged statement of fact that damages another person’s reputation. It is broken into two types: libel, which is a written or published statement, and slander, which is a spoken or broadcast statement. Common examples of these forms of defamation include:

• Posting false allegations on social platforms, such as accusing a colleague of violating company policies at work
• Posting a bad review online that falsely claims a business engages in illegal practices
• Spreading rumors, such as falsely saying that a professional, such as a doctor, has had their certification revoked
• Providing a falsely poor job reference to prospective employers to intentionally ruin a candidate’s chances of getting hired

What Are the Requirements of a Successful Defamation Claim?

Building a successful claim over one of the common types of defamation in California requires proving five elements:

• The statement must be provably false and presented as a fact, as opposed to a protected opinion
• The statement must be communicated verbally, in writing, or online to at least one person besides you
• The statement must clearly be about you or understood to be about you
• The defendant must be at least negligent in making the statement, if not knowing and recklessly disregarding the truth
• The statement must cause actual harm to your reputation, such as a job loss

What Is Not Considered Defamation Under the Law?

To avoid confusing common forms of defamation with protected speech, the law recognizes certain exemptions, including true statements. Speaking the truth is never considered defamation, no matter how damaging it is to a person’s reputation, and neither is stating your opinions.

Making statements that are clearly personal feelings, such as “I think that restaurant serves the worst eggrolls,” are usually legally protected. Privileged statements made in good faith during legal proceedings, as well as specific employment references, are also protected.

What To Do if Someone Defames You

To handle defamation, document the false statements immediately by taking screenshots and saving messages. As tempting as it is to defend yourself, arguing may actually give the statements more visibility. Instead, report the content to the online platform, then seek guidance from a qualified LNN attorney familiar with common types of defamation.

We could help you determine if the false statement caused measurable reputational or financial harm and build a successful lawsuit, if necessary. However, it may be as simple as drafting a cease-and-desist letter to resolve the issue.

Call Us To Learn About Common Defamation Examples

These were just a few examples of defamation. If you have questions about whether statements made about you are protected or not, reach out to the legal team at LNN.

For decades, our client-centric approach has earned a strong reputation in our community. Set up your free consultation now to learn why.