How To Prove A Tennessee Defamation – Libel Claim
In Tennessee, a claim of Defamation – Libel is defined as:
To defame someone is to make false statements that harm the person’s reputation by inciting hatred, contempt, or ridicule against that person. Libel is defamation involving false statements published in writing or another fixed medium.
It simply means:
An untrue statement written publicly to damage someone else’s reputation.
There are 3 elements of the claim:
- Element 1. The defendant published a statement. The defendant made a statement that was shared with others, which is a key part of a defamation claim, specifically libel, where someone is accused of damaging another person’s reputation through written or published words.
Facts that might support this element look like:
* The defendant posted a written statement on their public blog that included specific allegations about the plaintiff.
* The defendant shared an article on social media that contained false information about the plaintiff’s business practices.
* The defendant sent an email to multiple recipients that accused the plaintiff of unethical behavior in their profession.
* The defendant published a review on a popular website that made defamatory claims about the plaintiff’s character.
* The defendant created a flyer that was distributed in the community, which contained damaging statements about the plaintiff. - Element 2. The defendant knew the statement was false and defamatory. The defendant was aware that their statement was untrue and harmful to the plaintiff’s reputation, meaning they knowingly spread false information that could damage the other person’s standing in the community.
Facts that might support this element look like:
* The defendant had previously received credible information from multiple sources indicating that the statement was false.
* The defendant admitted in a private conversation that they were aware the statement was untrue before making it public.
* The defendant had a history of making false statements about the plaintiff, demonstrating a pattern of malicious intent.
* The defendant failed to conduct any reasonable investigation to verify the truth of the statement before publishing it.
* The statement contradicted established facts that the defendant was aware of at the time of publication. - Element 3. The defendant acted with reckless disregard for the truth of the statement or with negligence in failing to ascertain its truth. The defendant either showed a careless disregard for whether their statement was true or failed to take reasonable steps to find out if it was true, which can support a claim of defamation in a libel case.
Facts that might support this element look like:
* The defendant published the statement without verifying the accuracy of the information from reliable sources.
* The defendant ignored clear evidence that contradicted the statement before making it public.
* The defendant had a history of making unverified claims about the plaintiff, demonstrating a pattern of negligence.
* The defendant was aware of the potential harm the statement could cause but chose to publish it anyway.
* The defendant failed to consult with experts or witnesses who could have clarified the truth of the matter.
(See Brown v. Christian Bros. University, 428 SW 3d 38 (Tenn. Court of Appeals 2013).)
If you’re in court without a lawyer and plan to assert a Claim of Defamation – Libel, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your Defamation – Libel claim effectively.
Prove Your TN Defamation – Libel Claim
U.S. Civil Cases Only