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DEFAMATION ELEMENTS

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

The elements of a defamation claim are as follows: 1. a publication to one other than the person defamed; 2. a false statement of fact; that is understood as a. being of and concerning the plaintiff; and b. tending to harm the reputation of plaintiff. 3. If the plaintiff is a public figure, he or she must also prove actual malice. Truth is an absolute defense to a defamation claim. Libel is defamation in written form and slander is an oral communication.

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