DocketXDocketX / Glossary / defamation
Defamation
Defamation is a false statement presented as fact that harms another person's reputation, and it includes both written (libel) and spoken (slander) forms.
What it actually is
In a lawsuit, defamation is the legal claim that the defendant published a false statement of fact to a third party, causing measurable damage to the plaintiff's reputation or livelihood. The plaintiff must prove the statement was false, communicated to someone else, and made without adequate legal privilege or protection. The specific standards of fault (such as negligence or actual malice) depend on who the plaintiff is, such as a private individual versus a public figure.
Why it matters in your case
If you are sued for defamation, the case will center on whether your words were provably false and whether they caused harm, not merely on whether they were offensive or insulting. Understanding this term helps you see that truth is usually a complete defense, and that opinions generally are not actionable unless they imply undisclosed false facts.
The common misunderstanding
Many people mistakenly believe that any negative remark is defamation, but harsh criticism, name-calling, and true statements are not defamatory. Another common error is thinking that sharing or reposting someone else's statement makes you safe—publication to a third party can still create liability.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.