Defamation is another example of a tort for which the state of Louisiana recognizes a legal cause of action for damages. Defamation involves the intrusion and/or invasion of a person’s interest in his or her reputation and good name. In Louisiana, defamatory words have traditionally been divided into two categories: words that are defamatory per se and words that are susceptible of a defamatory meaning.
Te distinction between the two categories are words that are defamatory per se are those which expressly or implicitly falsely accuse another of criminal conduct, or which by their very nature tend to injure one’s personal or professional reputation, without considering extrinsic facts or circumstances. By definition, a statement is defamatory if it tends to harm the reputation of another so as to lower the person in the estimation of the community, deter others from associating or dealing with the person, or otherwise expose the person to contempt or ridicule.
There are certain elements that are necessary to prove a claim for defamation.
These elements are:
1. a defamatory comment about another
2. publication to a third party
3. falsity
4. actual or implied malice
5. resulting injury
If even one of these elements is lacking, the cause of action fails. In the context of a defamation per se cause of action, because of the nature of the defamatory comments (accusation of a crime), the elements of falsity, malice and injury are presumed, but may be rebutted.
In either instance, defamation per se and defamation, truth is an absolute defense in which case recovery is precluded. Further, privileged communications are also defenses to a claim of defamation. In this regard, an absolute privilege exists for limited situations, such as statements by judges and legislators in judicial or legislative proceedings. A conditional privilege exists in reports to law enforcement of alleged wrongful conduct to protect the public.
Damages resulting from a defamation cause of action may include both pecuniary damages. Pecuniary damages typically consist of loss of income. Non-pecuniary damages (general damages) typically consist of injury to reputation, personal humiliation, embarrassment and mental anguish. Thus, defamation is an example of a limitation that applies to the otherwise constitutionally protected freedom of speech.
Cle’ Simon
For more than 75 years the Simon family has carried on a family tradition of restoring lives in local communities and throughout the stat of Louisiana. At Simon Law Offices, I have proudly embraced this tradition and strive every day to continue the legacy. Simon Law Offices are Cajun Strong and restoring lives throughout Louisiana, one client at a time.
