{"id":353540,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/what-is-defamation-per-se.html"},"modified":"2023-08-17T15:35:06","modified_gmt":"2023-08-17T20:35:06","slug":"what-is-defamation-per-se","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/what-is-defamation-per-se.html","title":{"rendered":"What Is Defamation Per Se?"},"content":{"rendered":"\n
\n

What Is Defamation Per Se?<\/h1>\n\n
\n
\n By Danielle Gilmore, Esq.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\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

Defamation per se means that a false statement was so inherently harmful that further proof of harm isn’t necessary. The statement would have been likely to cause reputational damage regardless of the context.<\/p>\n\n <\/div>\n\n\n\n

The tort of\u00a0defamation\u00a0(or defamation of character) occurs with false statements, either\u00a0spoken (“slander”) or written (“libel”). False statement of fact injures a person’s reputation. The First Amendment does not protect these statements.<\/p>\n

Some types of false statements are so damaging that they are defamatory<\/a> on their face \u2014 “defamation per se.” Defamation per se differs from “defamation per quod,” where the court must look at the statement’s context. Because defamation law divides offenses into libel and slander<\/a>, the law recognizes instances of slander per se and libel per se.<\/p>\n

The law presumes that defamation per se statements are harmful. In\u00a0defamation per quod cases,<\/a>\u00a0the plaintiff must prove the statement caused damages. Most but not all states recognize the distinction between these two types of defamation.<\/p>\n

The following is a summary of the tort of defamation per se. Be sure to check the applicable law in your jurisdiction. Consult with a defamation lawyer<\/a> before moving forward with your defamation claim.<\/p>\n

False Statements That Constitute Defamation Per Se<\/h2>\n

There are four main ways to classify false statements that the law presumes to be harmful to a person’s reputation. Generally, if the statement does not fit into one of the four categories, the plaintiff must\u00a0prove their actual damages<\/a>.<\/p>\n

Here are the four categories of defamation per se:<\/p>\n