A New Mexico Defamation Lawyer is Ready to Fight for Your Reputation

Defamation can have a profound impact on your personal and professional life. It can destroy your reputation, your business, and your relationships. Understanding how New Mexico defamation law works can help you protect your rights. Partnering with a New Mexico defamation lawyer can help you reclaim your good name. Find out more at Late Night Law. 

Things to Know About New Mexico Defamation Law

New Mexico defines defamation as a false statement that injures a person’s reputation. The legal elements required to sustain a claim for defamation in New Mexico are:

• A false statement
• Made about a person
• To a third party
• Understood by the third party to have a defamatory meaning
• And causes injury to the person’s reputation
• If the victim is a public figure the defamatory statement must be intentionally or recklessly false
• If the victim is a private citizen, the statement must at least be negligently false

In New Mexico, There is No Difference Between Libel and Slander

Defamation that is written, published, or broadcast is called libel. Defamation that is verbalized in an interpersonal conversation is called slander. However, New Mexico courts do not recognize the distinction between libel and slander. In New Mexico, defamation is just… defamation. See Reed v. Melnick, 81 N.M. 14 (1969).

Public Figures Are Held to a Higher Standard of Proof

A defamation plaintiff who is a public figure must prove that the defamation was made with actual malice, meaning, while knowing that the statement was false, or with reckless disregard for the truth.

There are two types of public figure: general public figures, and limited public figures. General public figures are household-name celebrities and public officials (including elected officials and most political appointees). A limited public figure is an individual who “voluntarily injects himself or is drawn into a particular public controversy and thereby becomes a public figure for a limited range of issues.” Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).

If a court determines that you are a public figure, you must show actual malice in order to prove defamation.

Private individuals, however, are not required to prove actual malice, and may sustain a claim for defamation by showing merely that the defamatory statement was made negligently.

New Mexico Does Not Recognize the Doctrine of Defamation “Per Se”

Many states recognize the common law distinction between defamation per se and defamation per quod. Defamation per se has historically been actionable without proof of harm, because some types of false statement are considered so intrinsically damaging that injury is presumed. Traditionally, these types of defamation include false allegations of: (1) a criminal offense, (2) professional incompetence or misconduct, (3) having a communicable disease, or (4) sexual promiscuity or impotence. Defamation classified as per quod, on the other hand, is not damaging on its face, and extrinsic facts must be shown to prove its defamatory nature.

However, in Smith v. Durden, 276 P.3d 943 (2012), the New Mexico Supreme Court abolished the doctrine of defamation per se. Thus, unlike in most other states, proof of damages is always required to sustain a defamation claim in New Mexico.

Other Issues to Keep in Mind

Consulting with a New Mexico defamation lawyer can help you understand your options. Here are a few more issues worth keeping in mind about New Mexico defamation law: 

Statute of Limitations

The statute of limitations for defamation in New Mexico is three years from the date the defamatory statement was made, or from when the victim discovered (or reasonably should have discovered) the defamation.

Proof of Damages

Because New Mexico courts do not recognize the doctrine of defamation per se, damages cannot be presumed no matter how awful a defamatory statement is. Sustaining a claim for defamation in New Mexico always requires proof of damages.

New Mexico Defamation Liability Has Limits

Under New Mexico law, there are limits to whether you can bring a defamation claim. These include:

You Can’t Sue the Government. The New Mexico Tort Claims Act places strict limitations on the types of claims you bring against a government body, or a government employee. In New Mexico, you cannot bring a defamation claim against a government entity—or against a government employee, if the defamation was committed within the scope of employment.

Statements Made in Court Are Privileged. Defamatory statements made by lawyers, their clients, and witnesses during court cases are generally privileged against defamation liability, and cannot form the basis of a lawsuit. This is called “the absolute privilege” against defamation liability, and it extends to any defamatory statement made in the course of a judicial or administrative hearing or investigation.

Truth is Always a Defense. Think twice before accusing someone of defamation. If they can prove that their statements were true, there is no liability for defamation, and you will lose your case.

How a New Mexico Defamation Lawyer Can Help You

Partnering with a New Mexico defamation lawyer can help to safeguard your reputation. The role of a New Mexico defamation attorney may include: 

Free Initial Consultation. We offer a free initial consultation to potential clients. While an initial consultation alone does not create an attorney-client relationship, as a potential client, your initial consultation is confidential and privileged. This helps us get a sense of your situation, and we can give you a sense of what your options may be. 

Assessing Evidence. If it appears that your matter is something we can help with, we next assess the evidence you provide us, to determine whether the statements being made about you qualify as defamation under New Mexico law. Such evidence may include screenshots and web pages, social media posts, news articles, witness statements, or audio recordings. 

Reviewing Your Options. Typically, your options may include civil litigation, cease-and-desist letters, settlement demand letters, pre-litigation negotiation and mediation, or content removal requests to social media platforms and news outlets.  We tailor our approach to each individual situation.

Steps to Take if You Are a Victim of Defamation in New Mexico 

If you are a victim of defamation in New Mexico and believe that statements being made about you are false and damaging to your reputation, it is important to be proactive. Here are some of the steps to take to safeguard your rights: 

• Act Quickly. While New Mexico has a three-year statute of limitations for defamation, it is usually better to act soon, and consult a defamation attorney.
• Keep Records. Collect all relevant evidence of the defamation. You should also keep records of any financial or career-related impact that the defamation has caused. 
• Contact a New Mexico defamation lawyer. A New Mexico defamation lawyer can help you understand the 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.

Contact a Defamation Lawyer in New Mexico to Protect Your Reputation 

If you are facing a tarnished reputation or hardship due to statements made about you, you are not alone. A defamation attorney at Late Night Law can help you protect your rights and reputation. Contact us today for a free consultation at (505) 225-2623.

This article is not legal advice, and does not create an attorney-client relationship between the reader and Late Night Law. Please consult an attorney for individualized advice if you have a legal matter.