Defamation, Injury to Reputation
Reputation matters. It defines who we are. It generates business or negatively affects business. It’s simply necessary to have and maintain a good reputation. So, when harm is done to your reputation because another person makes a false statement about you, you can suffer damages and personal injuries. You may lose your job. Your professional life may be questioned. People may shun you.
If this has happened to you, you may have a defamation claim. You need a knowledgeable lawyer by your side as soon as possible to mitigate any damage to your reputation and career as well as to take action against the party that wronged you. You can contact us today to find a defamation attorney in the Los Angeles metro area aligned with your legal needs and wants. In the meantime, here’s an overview of California’s defamation laws.
How Does California Define Defamation?
Defamation is a civil wrong occurring in California when false statements are made by an act, communication, or publication against another person to damage that person’s reputation and good standing. According to California Civil Code § 44, defamation is effected by either libel or slander.
Section 45 of the Civil Code defines libel as
a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him/her to be shunned or avoided, or which has a tendency to injure that person in his/her occupation.
a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which:
- Charges any person with crime, or with having been indicted, convicted, or punished for crime;
- Imputes in him the present existence of an infectious, contagious, or loathsome disease;
- Tends directly to injure him/her in respect to his/her office, profession, trade or business, either by imputing to that person general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his/her office, profession, trade, or business that has a natural tendency to lessen its profits;
- Imputes to him/her impotence or a want of chastity; or
- Which, by natural consequence, causes actual damage.
Defamation can be categorized as either defamation per se or defamation per quod. Identifying the type is critical because, for the first, proof of damages isn’t necessary, but for the second, proof of injury is required.
What is Defamation Per Se?
Defamation per se is defamation involving false statements that are inherently defamatory and because of the latter, the victim or plaintiff does not need to prove actual damages. Defamation per se is also known as libel per se or slander per se. California law recognizes nine specific types of statements that qualify as defamation per se.
Defamation per se statements involve:
1. Claiming the plaintiff has been indicted, convicted, or punished for a crime (e.g., fraud);
2. Claiming the plaintiff has an infectious, contagious, or loathsome disease (e.g., AIDS);
3. Claiming the plaintiff is impotent or want of chastity (e.g., a Minister had a sexual affair);
4. Claiming the plaintiff violated the trust or confidence of another person (e.g., a city councilmember violated the trust of his clients while an attorney);
5. Claiming the plaintiff was treacherous or betrayed someone close;
6. Causing the plaintiff to be avoided or shunned (e.g., a specific woman is a prostitute);
7. Causing harm to the plaintiff’s profession, trade, office, or business (e.g., a specific attorney is a crook);
8. Causing public ridicule or hatred (e.g., a doctor had been practicing without qualifications and injuring patients); and
9.Associating the plaintiff with the Communist Party.
In sum, if the false statement involves any of the above nine types, damages are presumed. As such, you may have an actionable claim without having to prove actual damages.
What is Defamation Per Quod?
Defamation per quod is defamation not considered inherently defamatory, which means actual damages are not presumed. As such, the false statement does not fall within one of the above categories and the plaintiff must provide evidence that shows or proves (1) the false statement had an injurious character or effect; and (2) special damages were present. Defamation per quod is also referred to as libel per quod when the false statement is in writing and slander per quod when it was orally made.
Examples of special damages include:
- Lost profits (e.g., when a reporter claimed a beef manufacturer used pink slime in its products, the beef company’s sales plummeted);
- Adverse employment consequences (e.g., an attorney called a crook is fired from the law firm); or
- Reduced business (e.g., a contractor who had a bad review on Yelp stating he took cash under the table saw his business decline).
Evaluate your case with the right lawyer. Your consultation is private and customized for your needs.
What Are the Elements & Burden of Proof of a Defamation Claim in California?
To have a defamation case in California, certain elements must be present. These include:
1. a false statement of fact
2. was intentionally published by the defendant
3. orally or in writing without privilege to a third party; and
4. the defendant was in the least negligent; and
5. the statement would have injured the plaintiff or would have caused special damages.
The burden to prove defamation varies according to who the plaintiff is: a private or public person. Your status in the community as either a private or public individual has an impact on the rights and protections you have under California’s defamation law. In California, there are actually four classifications of defamation plaintiffs because there are three categories assigned to public persons. The below table identifies all four classifications and the burden of proof accompany each respective class.
Classification | Burden of Proof | Example |
Private Persons | Negligence |
|
Public Officials | Actual Malice — the plaintiff must show the defendant defamed the plaintiff using actual malice on all matters related to the public and private sectors. | The mayor of Los Angeles |
All-Purpose Public Figures | Actual Malice — the plaintiff must show the defendant acted with actual malice. | A large real estate developer or TV personality |
Limited-Purpose Public Figures | Actual Malice — the plaintiff must show the defendant acted with actual malice with respect to the controversy of which the plaintiff has thrust him or herself to the forefront. Defamation in any other respect will require only negligence because the plaintiff would be considered a private person. | A person who proclaims himself as a climate change expert during forest fire outbreaks |
What Defenses Could Be Used Against a Defamation Lawsuit in Los Angeles?
Truth is always a defense. Other defenses include:
- The statement wasn’t published.
- The statement wasn’t made out of negligence or malice.
- The statement was made as an opinion and not as if fact.
- The statement was a privileged publication. California Civil Code § 47 identifies communications that are privileged, as a publication in the proper discharge of an official duty or a legislative or judicial proceeding.
What Can You Recover from a Defamation Case in Los Angeles?
If your case is successful, three types of damages can be awarded.
1. General damages (also called non-economic damages), where the plaintiff experiences a loss of reputation, embarrassment, or hurt feelings;
2. Special damages (also called economic damages), where the plaintiff’s property, trade, profession, or occupation suffers; and/or
3. Punitive damages, where the judge or jury believes the defendant should be punished and made an example.
The actual monetary value of the damages awarded to you depends on the facts and circumstances of your case.
Contact an Experienced Defamation Attorney in Los Angeles
If you believe you are the victim of defamation, contact us as soon as possible. Time is limited. Not only can evidence disappear as the days go by, but you only have one year from the date you were defamed (or from the date you reasonably should have known you were defamed). Contact us and we’ll connect you with a Los Angeles defamation lawyer right for you.
