Libel refers to the act of making false and harmful statements about someone, whether it be through spoken or written words, images, or online content. It falls under the category of defamation, which involves damaging someone’s reputation. Various forms of libel exist, such as group libel, which targets an entire group of individuals, and libel per se, which involves statements that are clearly harmful. In some cases, the victim of libel can only seek legal action if they can demonstrate that they suffered financial or other tangible losses as a result. While libel was once considered a criminal offence, it is now primarily dealt with as a civil matter.
Libel per quod is a form of libel that can only be pursued if special damages are alleged and substantiated. It can also refer to a type of libel where the defamatory meaning is not immediately evident in the statement itself, but must be established through external circumstances. For instance, if a newspaper publishes an article claiming that a local business owner has been accused of embezzlement, the business owner may have a case for libel per quod if they can demonstrate that they suffered financial losses or a decline in customers due to the article. Similarly, if a blogger writes a post about a celebrity using veiled language that implies the celebrity is a drug addict, even though the post does not explicitly state this, it could still be considered libel per quod if the blogger’s readers understand the insinuation. These examples highlight the greater difficulty in proving libel per quod compared to other forms of libel, as it necessitates the plaintiff to demonstrate specific damages or establish the defamatory meaning through external evidence.
Libel per quod refers to a type of defamation where the defamatory nature of a statement is not immediately apparent and requires additional context or explanation to understand its defamatory meaning.
Unlike libel per se, which involves statements that are inherently defamatory (e.g., false accusations of a crime), libel per quod requires extrinsic evidence or explanation to establish its defamatory nature.
Examples of libel per quod may include statements that imply dishonesty, incompetence, or unprofessional behavior, but their defamatory nature is not immediately evident without additional context or explanation.
To establish a claim of libel per quod, the plaintiff must prove that the statement was false, defamatory, published to a third party, and caused harm to their reputation.
No, opinions are generally protected under the First Amendment and cannot be considered defamatory. However, if an opinion implies false facts or is presented as a statement of fact, it may be actionable as libel per quod.
Yes, public figures can bring a libel per quod claim, but they must also prove that the defendant acted with actual malice, meaning they knew the statement was false or acted with reckless disregard for the truth.
Common defences in a libel per quod case include truth, privilege (such as statements made in court or legislative proceedings), fair comment, and substantial truth (if the statement, when read as a whole, is substantially true).
If successful, a plaintiff in a libel per quod case may be awarded compensatory damages for harm to their reputation, emotional distress, and any economic losses suffered as a result of the defamation. In some cases, punitive damages may also be awarded.
No, it is not necessary to prove financial harm in a libel per quod case. Harm to one’s reputation and emotional distress can be sufficient grounds for seeking damages.
The statute of limitations for filing a libel per quod lawsuit varies by jurisdiction. It is important to consult with an attorney to determine the specific time limit applicable to your case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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