Libel per se is a type of defamation that harms a person’s reputation without the need for proof of injury. It can occur in writing or orally, and the law assumes prejudice, eliminating the need for the plaintiff to prove injury. There are four types of defamation per se in slander cases, including statements about disease, crimes of moral turpitude, chastity, and negative effects on a person’s business or profession. Most jurisdictions consider defamation to be libel in itself, and the plaintiff does not need to prove damages. Public figures or matters of public interest may require additional elements to be proven.
Libel per se refers to words that harm a person’s reputation without the need to prove that the injury has occurred. Di per sé is a Latin term meaning “by itself” or “intrinsically”. This type of defamation can occur in writing or when speaking orally. If a person writes defamatory statements about another person, the law calls it libel. When a person expresses defamatory language orally, the law considers it libelous.
The law in this type of case assumes prejudice, which eliminates the need for the plaintiff to prove injury to his reputation. For example, if a local newspaper claims that a person has sexually abused a child, that claim is clearly damaging to a person’s reputation. Consequently, it would not be necessary for the person to prove that the statement damaged his reputation or his position in the community. This does not prevent the newspaper from raising any defense to the prosecution, if sued.
The law recognizes four types of defamation per se in slander cases. The first type is a statement that a person has a disease; this category is usually limited to STD claims. The second type is a claim that a person has committed a crime of moral turpitude, meaning that the crime was particularly vile or despicable, such as rape or incest. A person suing under these categories would not need to prove special damages.
The third category in slander is a claim that a person was not chaste, meaning that he is not a virgin or abstains from sexual intercourse. This has historically been used more often in reference to women. A person suing under this category would also not need to prove damages.
The last category is a statement that negatively affects a person’s reputation in relation to his business or profession. For example, an accountant might bring a defamation lawsuit per se against someone who verbally claims that the accountant is dishonest in his practice or lacks the skills to do his job. In this type of case, the defamatory statement must directly relate to the person’s work.
Most jurisdictions consider defamation to be libel in itself. This usually means that a person only needs to prove that a defendant used defamatory language against the plaintiff and that the defendant somehow published it. The ordinary plaintiff in defamation cases does not need to prove damages, because the law assumes damage. If a plaintiff is a public figure or the matter concerns a matter of public interest, the plaintiff may need to prove additional elements, including a false statement and fault on the part of a defendant. Some jurisdictions require a plaintiff in defamation cases to prove special damages if the defamation is not obviously defamatory.
Protect your devices with Threat Protection by NordVPN
