Defamation per se refers to statements that are considered so inherently harmful and defamatory that the plaintiff (the person bringing the lawsuit) does not need to prove that they suffered any actual damages as a result of the statement. In other words, the law presumes that certain kinds of statements are so damaging to a person’s reputation that harm is assumed, and the plaintiff does not need to demonstrate how the statement caused specific harm.
Categories of Defamation Per Se
There are typically four categories of statements that are considered defamation per se:
- Accusations of a Crime: Statements falsely accusing someone of committing a crime, especially one involving moral turpitude (such as fraud, theft, or assault), are considered defamation per se.
- Allegations of a Loathsome Disease: Statements falsely claiming that someone has a contagious or stigmatizing disease, such as a sexually transmitted infection, are treated as defamation per se.
- Statements Damaging a Person’s Profession or Business: Statements that falsely allege unethical or unprofessional behavior that could harm someone’s career or business are considered defamation per se. For example, falsely accusing a doctor of malpractice would fall into this category.
- Accusations of Sexual Misconduct: Statements that falsely accuse someone of sexual impropriety or immorality, such as infidelity or sexual harassment, are often considered defamation per se.
Legal Implications
Because defamation per se involves statements that are presumed to be harmful, the plaintiff does not need to prove actual damages (such as lost income or emotional distress) in court. Instead, the court assumes that these types of statements are inherently damaging. However, the plaintiff must still prove that the statement was false, was made with negligence or malice, and was published (communicated to a third party).
Defamation per se can result in legal action, including potential compensation for presumed damages, and may also include punitive damages if the statement was made with malicious intent.
Defenses Against Defamation Per Se
Common defenses against a defamation per se claim include:
- Truth: If the statement is true, it is not considered defamatory.
- Privilege: Certain statements made in specific contexts, like in court or during legislative proceedings, may be protected under absolute or qualified privilege.
- Opinion: If the statement is clearly an opinion rather than a factual assertion, it may not be considered defamation.
- Consent: If the plaintiff consented to the publication of the statement, it cannot be considered defamation.
In summary, defamation per se is a serious legal matter involving statements that are so damaging to a person’s reputation that harm is presumed by law.