Defamation of character is a legal term that is slung about quite often, especially now that the Internet has become so broad. The reality, however, is that most defamation cases hold little merit, and many are dismissed before they ever see the inside of a courtroom. To determine if you can sue for defamation of character, you must have a viable claim of either libel (written defamation) or slander (verbal defamation).
Are you a public figure?
It is extremely difficult for a public figure (celebrity, politician, etc.) to win a law suit for defamation of character. If you intentionally place yourself in the public spotlight, you must be able to prove not only that the statements made by the accused are false, but also that they intended malice when the statements were uttered or published. Very few people who read this article will fall into this category, so I’ll get it out of the way now.
In most cases, you can sue for defamation of character if you can prove that you’ve lost income as a result. This isn’t the only requirement for a case, and there have been successful cases where the plaintiff didn’t lose any money, but it will help if you can prove that your job was compromised because of the statement. For example, if someone tells your customers that you pad your hourly invoices when you don’t, you could easily have a strong case.
Has your reputation been tarnished because of the statement?
The hallmark of a lawsuit for defamation of character is the damage to the victim’s reputation. This is the main thing you will have to prove in court, and can take some doing if you don’t have solid physical evidence. This isn’t a situation where you just have to prove that it could tarnish your rep; you have to prove that it did, which is another ballgame entirely. Affidavits from the aforementioned customers, for example, would constitute proof that you lost business and faithful clients because of the statement.
All criminal and civil cases (except for murder) have a statute of limitations, which varies depending on jurisdiction. In order to be successful when you sue for defamation of character, you must act within the time allowed by law. For example, if the statute of limitations runs out in six months, you couldn’t win if you brought the suit after a year has passed.
Can you prove that the statement was false?
The final leg of your defamation lawsuit is the nature of the statement itself. If someone runs around telling people that you evaded taxes for the last fifteen years, and the court discovers that this is true, you don’t have the right to sue. You must be able to prove beyond a reasonable doubt that the statement was false, and that it damaged your reputation. If it’s true, then you don’t have a case at all, and you’re better off letting the matter drop.
