{"id":353462,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/fault-required-for-defamation.html"},"modified":"2023-08-17T16:23:00","modified_gmt":"2023-08-17T21:23:00","slug":"fault-required-for-defamation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/fault-required-for-defamation.html","title":{"rendered":"Fault Required for Defamation"},"content":{"rendered":"\n
\n

Fault Required for Defamation<\/h1>\n\n
\n
\n By Robert Rafii, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n

A defamation case focuses on whether the defendant is at fault for making defamatory statements. A person may be at fault for defamation if they knowingly publish a false statement of fact.<\/p>\n\n <\/div>\n\n\n\n

In the past, a defamation lawsuit plaintiff only needed to prove that a statement was defamatory. The court did not require that the defendant know that the statement was false. The only requirement was that the defendant must have intentionally or negligently published the information.<\/p>\n

But now, fault for defamation only applies when the defendant knew their statement was false. By extension, fault also applies when the defendant should have reasonably known it was false. Even if someone tells a lie about you, it might not be defamatory if that person genuinely believed the lie was true.<\/p>\n

This article discusses defamation causes of action (claims) regarding public officials and private individuals. It explains how the definition of fault has changed in defamation law and why this change affects cases today. You can get more insight into a specific case by discussing your claim with a defamation lawyer<\/a>.\u00a0<\/p>\n

Common Law Rules of Defamation<\/h2>\n

Common law rules, or rules created through judicial history, created\u00a0strict liability<\/a>\u00a0on the part of the defendant. This meant that a defendant could be liable in a civil lawsuit for\u00a0defamation<\/a>\u00a0merely for publishing a false statement. This was the case even if the defendant was not aware that the statement was false.<\/p>\n

Defamation law cases involving\u00a0First Amendment<\/a>\u00a0free speech later modified the common law rules. To protect the freedom of speech, these modifications were made in judicial proceedings involving public officials, public figures, or matters of public concern.<\/p>\n

Defaming Public Officials and Public Figures<\/h2>\n

Defamation of character goes beyond a plaintiff’s reputation as a private figure. New York Times v. Sullivan<\/i><\/a> <\/i>is a notable case. In it, the Supreme Court recognized that strict liability<\/a>\u00a0rules in defamation cases could lead to undesirable results. This was especially true in defamation actions involving members of the press reporting on the activities of public officials.<\/p>\n

Under the strict liability rules of common law, a public official had a much easier time winning a defamation suit. They did not have to prove that a reporter was aware that a particular statement about them was false. The effect of lawsuits could deter members of the press from commenting on the activities of a public official.<\/p>\n

Under the rules set forth in\u00a0Sullivan<\/i>, a public official cannot recover from a person who publishes a harmful statement about a public official unless either:<\/p>\n