DEFAMATION

DISCLAIMER: Altiorem Legal Services cannot and does not provide legal advice. The information contained in this article should not be construed as legal advice, as it is not legal advice; the information in this article is provided for educational purposes only. Altiorem is not a law firm; Altiorem’s staff are not attorneys, cannot act as attorneys, and do not act as attorneys; and any information provided by Altiorem is not a substitute for legal advice from an attorney. Again, none of the information provided in this article should be construed as legal advice, and one should not rely on or use the information contained in this article in one’s legal case. However, if one chooses to use the information contained in this article on one’s legal case, they do so at their own risk and discretion, understanding and agreeing that nothing in this article constitutes legal advice in any way, shape, or form, and that none of the information contained in this article can guarantee a specific outcome, whether positive or negative, on one’s legal case. We bear no responsibility regarding the results and implications of one’s use of the information contained in this article on one’s legal case, or one’s use in general for any purpose.

WHAT IS CRIMINAL DEFAMATION?

Utah Code § 76-9-404 defines criminal defamation as a person who knowingly communications to any person, orally or in writing, any information that he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule. Criminal defamation is a class B misdemeanor.

In Utah, a Class B misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.00.

A criminal defamation case is a rarity. It is hard to prove the elements of defamation beyond a reasonable doubt, which is the standard used in criminal cases, as opposed to the civil standard—i.e., “more likely than not”—which is more lenient and easier to prove than the criminal standard of “beyond a reasonable doubt.” Most people file a civil lawsuit when they want to sue for defamation. Examples of criminal defamation include hate speech, or a speech that insights a riot.

WHAT IS CIVIL DEFAMATION?

There are two types of defamation that can be litigated in a civil lawsuit: libel and slander. Libel refers to false, malicious defamation—expressed either by writing, printing, signs, pictures, or the like—(1) tending to blacken the memory of one who is dead; (2) to impeach the honesty, integrity, virtue or reputation of an individual; or (3) to publish the natural defects of one who is alive, and thereby to expose him or her to public hatred, contempt, or ridicule.[1] Slander involves the same foregoing elements of libel, but refers to defamation communicated by spoken words.[2]

An example of libel is to falsely accuse a person—either by writing, printing, signs, pictures, or the like—of being a murdered, a cheat, a child molester, or a drug abuser. Defamation—in this case, libel—is a false accusation that a member of society has violated common standards of ethical behavior.[3] It is common to see celebrities file libel lawsuits against magazine publishers that publish false and defamatory information about them. As aforementioned, slander involves the same elements as libel, but the defamatory statements are made by spoken word instead of written word. An example of slander includes, for example, a news anchor saying, on air, that a politician is a child molester.

In order to constitute defamation per se, “the defamatory words must charge criminal conduct, loathsome disease, conduct that is incompatible with the exercise of a lawful business, trade, profession, or office, or the unchastity of a woman.”[4] There are different factors that constitute defamation; however, the basic concept of defamation involves (1) speaking or writing disparagingly about someone; (2) what is being said or written is untrue; and (3) what is being said or written causes damages to the person whom the defamatory statements are made against. Damages include the disparagement of one’s reputation and/or character, as well as monies lost as a result of the defamatory statement(s) made, among other damages.

A non-defamatory statement includes “[e]xpressions of pure opinion that do not state or imply facts and are therefore not practically verifiable.”[5] An opinion that is not stating something specific and has not caused harm or loss to the person whom the statements are made about is not defamation. Furthermore, if you are being sued for defamation but can prove that the statement you made was true, then it is not considered defamation; truth is an absolute defense to defamation; if the disparaging statements made can be proven to be true, then defamation cannot exist. Truth, therefore, can potentially (and should) get the case dismissed.

Ordinarily, to establish a claim for defamation, a plaintiff must demonstrate, inter alia, that “the statements resulted in damages.”[6] This means that the plaintiff must prove to the court that the allegedly defamatory statements of the defendant created, for example, a loss of revenue, loss of job opportunities, damage to reputation, damage to social relationships, etc., in order to be considered defamation.

It is important to be able to distinguish what kind of defamation you are facing. While libel and slander are similar, they are separate and distinct elements of defamation that require different arguments and proof; furthermore, as aforementioned, libel is written defamation and slander is spoken defamation. If you are involved in a defamation case, it is important to keep and collect any evidence you might have. It is also important to note any type of loss or damages you suffered as a result of the defamatory statement. An example of damages could be if someone made defamatory statements about you and that cost you your job or a potential job; those would be clear, direct damages. Additionally, if someone makes defamatory statements about your business and this has caused you to lose customers and profits, and if you can prove it with compelling and sufficient evidence—proving that it is “more likely than not” that you suffered the damages alleged—the perpetrator could be sued for defamation. It is important to know the right steps to take to protect your reputation and your business. It is also important to know what you are free to say and what could potentially be deemed as defamation. Let Altiorem Legal Services look at your case today!

CONTACT US

If you are interested in retaining our services for your defamation case, whether you want to bring a case of defamation or are defending a case of defamation brought against you, we can be contacted at (801) 855-6541 (text or call) and at contact@altioremlegalservices.com. If you have a project in mind that you would like us to work on, please click here to send us a project request and get a quote; alternatively, you can send us an email detailing the work you need performed.

[1] Utah Code § 45-2-2, Libel and slander defined.
[2] See id.
[3] https://www.gallaudet.edu/tutorial-and-instructional-programs.
[4] Baum v. Gillman, 667 P .2d 41, 43 (Utah 1983).
[5] Davidson v. Baird, App 8, 32 (Utah 2019).
[6] DeBry v. Godbe, 111, ¶ 8, 992 P.2d 979, (Utah 1999).