Generally, defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a
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The elements that must be proved to establish defamation are:
- a publication to one other than the person defamed;
- a false statement of fact;
- that is understood as
- being of and concerning the plaintiff; and
- tending to harm the reputation of plaintiff.
- If the plaintiff is a public figure, he or she must also prove actual malice.