How to Avoid a Defamation of Character Claim

Defamation of character describes derogatory statements that result in damage to someone's reputation or subject them to contempt or ridicule. While it's not easy to prove defamation of character, it's still not fun to get sued based on statements you made about someone else, even if just made in jest or gossiping with friends. Here are some tips to help you avoid a defamation of character lawsuit.

Instructions

Difficulty: Moderately Easy

1. Avoid derogatory oral statements (libel). Making false statements about someone else to a third party that cause harm to that person's reputation is grounds for a defamation of character suit. Avoid saying anything untrue about anyone else to ensure you don't inadvertently cross the line.
2. Stay away from derogatory written statements (slander). Just like libel, making false written statements, or slander, against someone else in a way that causes them damage can be grounds for a defamation of character claim.
3. Keep it to yourself. Defamation of character only results when the harmful statements are made to a third party. You can think all the bad thoughts you want, but it's just good practice to keep them to yourself.
4. Understand the law. The best way to avoid a defamation of character lawsuit is to understand what's need to prove defamation. Generally, for someone to make a successful defamation of character claim, they must show that there was a false statement of fact, this statement was conveyed to a third party and the statement was understood to be about them and resulted in harm to their reputation. In the case of a public figure, actual malice must also be proved.

Tips & Warnings

• You should consult with an experienced attorney if you ever have to defend yourself against a defamation of character lawsuit.