Our Defamation of Character Lawyer Defends Your Reputation
Defamation (sometimes called “defamation of character”) occurs when false statements damage your reputation. Whether you’re being blasted on Instagram, review bombed on Google, or a co-worker is spreading rumors about you at work, defamation of character can be devastating. It can damage your career, your relationships, and your good name in the community.
If you believe you are a victim of defamation, seek help today. At Late Night Law, our defamation lawyer can help protect your reputation and uphold your rights. Contact us today to schedule a free initial consultation.
Key Elements of Defamation of Character
Defamation is a form of speech that is not protected by the First Amendment. Defamation occurs when a false statement made to third parties damages the reputation of an individual or a business. To sustain a claim for defamation, courts require the following elements be shown:
- A false statement about an individual or a business
- Made maliciously (or negligently) to a third party
- That damages the victim’s reputation
Intent Matters
Defamation law defines a public figure as a famous person, an elected official, or a person who is prominent with respect to a certain topic of public discussion.
When the victim of defamation is a public figure, it must be proven that the false statement was made with actual malice—meaning that the statement was made while knowing it was false, or with reckless disregard for the truth. In New Mexico and many other states, when the victim is a private citizen, it must be proven that the false statement was at least made negligently; or with actual malice.
Whether online or in the community, defamation of character can impact the reputation of individuals as well as businesses. Private individuals and public figures have different requirements when it comes to building a defamation case. However, with the right defamation of character lawyer on your side, you can identify when defamation of character is occurring, and take appropriate steps to uphold your rights.
Types Of Defamation
Defamation of character can take different forms. These include:
Libel
Libel refers to written, published or broadcast defamation, such as in newspapers, blogs, books, social media posts, radio or TV broadcasts, or online videos. Online libel is particularly harmful, because it tends to stick around for longer and can be easily shared and stored.
Slander
Slander refers to a defamatory statement that is verbalized or spoken to a third party, usually in an interpersonal conversation, such as face-to-face, or over the phone.
It is sometimes said that libel is “spoken defamation,” while slander is “written defamation.” That is not quite accurate, because when “spoken defamation” is published in, say, video form on YouTube, that is libel (because it is “published”) even if the defamation in the video is spoken, as opposed to written down.
New Mexico courts no longer recognize any legal distinction between libel and slander. Rather, in New Mexico, defamation is just defamation. But the defamation law of many other states still recognizes this distinction. Either way, a statement is considered defamatory when it reaches others and harms a person’s reputation. A libel and slander attorney can help you develop the best legal strategy for your needs.
Defamation Per Se
“Defamation per se” is a doctrine that recognizes certain types of defamatory statement as intrinsically damaging, so that the victim need not prove damages in order to sustain a claim. Traditionally, the four types of defamation per se include false allegations of: (1) a criminal offense, (2) professional misconduct or incompetence, (3) a communicable disease, (4) promiscuity, or impotence. New Mexico courts no longer recognize the doctrine of defamation per se, and require that damages be proven in all defamation cases. However, many other states still do recognize defamation per se.
Defamation Per Quod
Defamation “per quod” refers to defamation of character that requires extrinsic evidence to establish damages. Defamation per quod requires proof of damages.
Defamation of Character Online and on Social Media
Online defamation of character is increasingly common, and severe. Unlike traditional media, online defamation can go viral, adding severity to the claim and causing long-lasting damage to the victim. Our social media defamation lawyer can help you determine whether statements made online, whether on Instagram, X, TikTok, YouTube, or other platforms, may constitute defamation.
Because online and social media defamation are relatively new, they present unique challenges, such as identifying anonymous parties, and dealing with the global reach of the internet. What’s more, social media can be a breeding ground for other illegal actions, such as doxxing, cyberstalking, harassment, and revenge porn. If you are the victim of any of these activities, contact us for a free consultation.
Additional Things to Consider About Defamation of Character
When you are the target of defamation, it is not always possible to sue. There are limits to the types of statement that give rise to liability. These limits include the following:
Statute of Limitations. Each state’s laws limit the time frame for bringing a case. In New Mexico, the statute of limitations for defamation, and invasion of privacy, is three years.
Statements of Opinion Are Protected. Generally, statements of opinion are protected by the First Amendment. However, when a statement of opinion implies a fact basis, and that fact basis is not clearly articulated in the statement, the statement may potentially be considered defamatory.
Government Officials Are Protected. Government entities cannot be sued for defamation, and government employees cannot be sued for defamation if the defamatory statements are made while the employee is acting within the course and scope of their job duties.
Statements Made in Court or to the Police Are Privileged. Statements made by parties or their attorneys in court, or in the course of giving testimony in an official procedure or investigation, are immune from defamation liability. This is called the “absolute privilege” against defamation liability.
Truth Is Always a Defense. Truth is always a defense against allegations of defamation. If the defendant in a defamation case can prove that their statements were true, there is no liability for defamation.
An Overview Of Defamation Laws
Defamation is Defined by State Law. Defamation in the United States is traditionally a matter of state common law. State court jurisprudence and state statutes are the primary source of defamation law, which may differ from state to state. Navigating these laws can be complex, making it essential to work with an experienced defamation attorney.
The First Amendment Controls. Although defamation is a matter of state law, federal First Amendment jurisprudence provides key guidelines that all states must adhere to. Federal caselaw sets the standard of proof. It also determines when state courts have jurisdiction over defamation claims against out-of-state defendants—which is a very important consideration in the era of social media defamation, which often occurs across state lines.
Defamation: Key Steps to Take When You Are a Victim of Defamation
If you are a victim of defamation, revenge porn, online harassment, or invasion of privacy, and believe that statements being made about you are false, it is important to act fast. Here are some of the steps to take to safeguard your rights:
- Act Quickly. State statutes of limitations may limit your claims for defamation.
- Keep Records. Collect all relevant evidence such as screenshots, recordings, and publications. You should also document any financial or career-related impact you have suffered—especially in New Mexico, where defamation plaintiffs must prove actual damages.
- Talk to a Defamation Attorney. A New Mexico defamation lawyer can help you understand defamation law and assess your options.
- Evaluate the impact the defamatory statements have had on your life. It is important to evaluate the impact of defamatory statements, as this can help the attorneys to understand your case and formulate an appropriate strategy.
Why Work with a Defamation Lawyer from Late Night Law?
Selecting the right legal representation can make a big difference. At Late Night Law, our team has experience in protecting victims of defamation and fighting in their corner. Here’s what to expect from our legal team:
Experience. With our experience in defamation cases, Late Night Law offers solid legal representation and unique insights in the process of litigating defamation claims.
Unique Strategies. With a focused approach in libel, slander, and social media defamation, the attorneys at Late Night Law can help address each case using custom strategies to achieve the best possible outcome for victims.
Client Support. At Late Night Law, we understand how devastating defamation can be. That is why we provide prompt communication, timely updates, and customized help, so that you can navigate the legal journey ahead with confidence.
Late Night Law is Your Partner to Fight Defamation
When it comes to protecting your good name in a defamation matter, having the right defamation lawyer by your side can make all the difference. Get in touch with a defamation attorney at Late Night Law to fight back against defamation. Take the first step towards defending your reputation and contact us today for a free consultation, or call our experienced defamation of character lawyers at (505) 225-2623.
The content on this website is intended for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship between you and Late Night Law. Please consult an attorney for individualized advice if you have a legal matter.