Elements of a Libel Suit

Defamation

A statement is defamatory if it harms the plaintiff’s reputation in the eyes of decent, respectable people.

Identification

The statement means the libel or slander directly names you or clearly points to you.

Publication

The false statement has been shared with at least one other person other than the plaintiff.

Falsity

Plaintiffs must present credible evidence that the defamatory statement is false.

Injury

Plaintiffs usually must prove they suffered a real injury (emotional, reputational as well as physical or economic), but they skip this step if they prove the defendant acted with actual malice.

Fault

Plaintiffs must prove defendants either were negligent in publishing the defamatory statement or published it with actual malice.