Defenses Against Defamation Claims

September 30, 2024
Difilippo & Pica

Few things are more valuable than your reputation, and you should take the steps necessary to protect it from harmful lies or false allegations. If you believe you have been defamed, you could be entitled to financial compensation. Legal action cannot undo the harm you have experienced, but it could provide you with financial support and deter anyone else from treating you the same way.

Our firm understands that these cases require strong evidence. Some situations have viable defense strategies, so it is helpful to understand those before filing suit. Contact Difilippo & Pica, PLLC, to discuss your options.

Types of Defamation

Defamation comes in two different forms: spoken and written. If someone makes a written statement full of false information designed to harm your reputation or character, they have committed libel. If these statements are spoken out loud, the term for this type of defamation is slander.

These cases can be complex due to the free speech rights guaranteed by the U.S. Constitution. There is a distinction between false statements and matters of opinion. When a person gives an opinion of you—even if it is negative—it cannot rise to the level of defamation. Only untruthful factual statements or allegations will.

Viable Defense Options

Even if you are certain that another person’s statements about you are untrue, you may not have a viable case for defamation. Some defenses exist that excuse what would otherwise be an airtight defamation claim. Understanding these options is crucial for anyone considering a lawsuit. They include:

  • Truth: Truth is an absolute defense to defamation. If the defendant can show that their statement was factually accurate, they have not defamed you. This is the case, no matter how harmful the statement might be.
  • Consent: Consent to publish the statement in question is also a defense, even if that statement is false or misleading.
  • Privilege: While this defense strategy is less common, some individuals and entities enjoy the privilege to make statements without fear of a defamation charge. This usually involves some kind of government actor, like a prosecutor, during a criminal trial.

Every case is unique, and not all defense strategies will be appropriate each time. Our attorneys can review the facts of your case and determine the strategy the other side might rely on.

Talk to an Attorney About Your Defamation Case

Questions of privacy and defamation are complex, but the right legal team could help you get results. When you work with Difilippo & Pica, PLLC, we guarantee we will work tirelessly for the best possible outcome in your case. Your reputation is important, and we know how to defend it. Instead of attempting to resolve this issue alone, contact us as soon as possible to schedule your free consultation. We look forward to discussing your case with you.