How To Prove A Tennessee Libel Claim
In Tennessee, a claim of 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 made or 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 public statement that was shared with others, which is a key part of proving a libel claim.
Facts that might support this element look like:
* The defendant posted a statement on their public social media account, which is accessible to thousands of followers.
* The defendant sent an email containing the statement to multiple recipients, including individuals outside of their immediate circle.
* The defendant published the statement in an online article on a widely-read news website.
* The defendant verbally communicated the statement during a public event attended by numerous individuals.
* The defendant shared the statement in a podcast episode that was distributed to a broad audience. - 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 good name.
Facts that might support this element look like:
* The defendant had previously received information from a credible source indicating that the statement was untrue.
* The defendant made the statement despite having been warned by a mutual acquaintance that it was false.
* The defendant had a history of spreading false information about the plaintiff, demonstrating a pattern of malicious intent.
* The defendant admitted in a private conversation that they doubted the truth of the statement before making it public.
* The defendant failed to conduct any reasonable investigation into the truth of the statement prior to its publication. - Element 3. The defendant acted with reckless disregard for the truth of the statement or with negligence in failing to ascertain its truth. This means the person who made the statement either knew it was likely false and didn’t care or was careless in checking if it was true, showing a lack of concern for the truthfulness of what they said.
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 had previously received warnings about the potential falsehood of the statement but chose to ignore them.
* The defendant failed to conduct any investigation despite having access to evidence that contradicted the statement.
* The defendant relied solely on an unverified tip from an unreliable source before making the statement public.
* The defendant had a history of making similar statements without proper fact-checking, indicating a pattern of negligence.
(See Brown v. Christian Bros. University, 428.SW 3d 38. (2013).)
If you’re in court without a lawyer and plan to assert a Claim of Libel, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your Libel claim.
U.S. Civil Cases Only