Defamation Law - Protecting Free Speech by Inhibiting False Speech

Introduction

One of the fundamental rights promised to every American citizen is the freedom of speech as enshrined in the Bill of Rights. The First Amendment to the Constitution reads as follows:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

While Congress cannot make laws “abridging the freedom of speech,” they have set forth rules which protect the public from harm caused by false speech. Individual states have followed the example of the federal government in protecting free speech while inhibiting harmful false speech. One of the ways in which harmful false speech is legally censured is through defamation laws.

What is Defamation?

Defamation is the act of communicating to the public false statements about someone or something that causes damage to that person or entity. In Utah law, an individual bringing a defamation claim must show that:

1. The person against whom the claim is brought published statements about them that were false.

2. These statements were not subject to privilege.

3. The statements were published with a certain degree of malice depending on the status of the person bringing the suit as a public or private figure.

4. The statements made resulted in damages to the person bringing the suit.

While on their face these appear to be simple claims, they can at times be difficult to prove. Because defamation claims often have to do with a plaintiff looking to restrict or rescind the speech of the defendant, the Courts make proving a claim of defamation an arduous task for the plaintiff. Consult with an experienced attorney before considering filing a claim of defamation to ensure that you have adequately met each of these elements. Defenses to Defamation Claims

While hopefully, you are not going around spreading false statements about people or businesses, if you ever have a defamation case brought against you, there are a few key defenses to know about.

1. Truth: Truth is an absolute defense against defamation. If the statements you made are factually accurate, even if they harm someone’s reputation, they are not defamatory.

2. Opinion: Opinions are protected by the First Amendment due to their subjectivity. You should be aware though that if your opinion was presented as a statement of fact, it could be actionable in a defamation case.

3. Intent: While this varies by state, if your statements were made without the knowledge that they were false, you will likely be better protected from defamation claims than if you knowingly presented false statements to the public.

Again, while we hope that you are not going to be spreading falsities about people or businesses ever, in this age of online connectivity, it is important to know how you can be protected from claims of defamation against you.

How do I protect my business from getting a bad reputation from negative statements?

Building a business is hard. It takes thousands of hours over many years to create a successful company. So how do you protect your business from reputational damages when you get a batch of bad reviews or a particularly angry critic? The following are a few suggestions for dealing with criticism and bad reviews:

1. Understand the customer’s complaint

2. Respond in a timely manner

3. Respond on the same page where the criticism was left

4. Be professional and courteous in your response

5. Apologize when appropriate, but don’t take responsibility for occurrences that weren’t your fault

6. Offer to talk it over and make up for the bad experience

If you’ve tried all of these remedies, and the statements made about your business appear to be false, contacting an attorney to discuss suing for defamation may be the right next step. Though litigation can be costly, if the reputation of your business is being ruined due to defamatory statements, finding an experienced attorney to represent you in protecting your business can be critical.