Attorney’s Guide to Virginia Defamation Law

 

Helping Individuals and Businesses Harmed by Libel, Slander, and Defamatory Statements in Virginia and On the Internet

 

Author Mark Twain is often credited with saying: “A lie can travel around the world and back again while the truth is lacing up its boots.”

 

Though Twain may not deserve credit for the line, there is no dispute that a lie can travel fast. Especially in modern society, when so many people have internet access and can post on social media.

 

A single false statement – spoken out loud or put in writing and published – can destroy your reputation and harm you financially. Fortunately, tort law provides a right of action for defamation.

 

This article aims to explain how to bring and win a claim for defamation, libel, or slander in Virginia.

 

Keep reading to learn more about protecting your reputation and preventing financial destruction resulting from defamation.

 

If you have any questions, call me for a free consultation: (804) 251-1620 or (757) 810-5614. See why other attorneys have voted me one of the best personal injury lawyers in Virginia.

 

Contents hide
1 Attorney’s Guide to Virginia Defamation Law
1.1 Helping Individuals and Businesses Harmed by Libel, Slander, and Defamatory Statements in Virginia and On the Internet
2 The Types of Defamation: Libel vs. Slander
3 What are the Elements of the Tort of Defamation in Virginia?
3.1 What is a Defamatory Statement?
3.2 Proving Publication in a Defamation Case

 

The Types of Defamation: Libel vs. Slander

 

You can bring an action for defamation if another person makes a statement of fact that injures your reputation.

 

Defamation consists of two categories: (1) libel and (2) slander.

 

Libel is the term for written defamation. It also applies to photographs, statues, sculptures, movies, videos, or radio or television broadcasts that are defamatory.

 

Slander is the term for oral (spoken) defamation.

 

Your defamation action might include both libel and slander. For example, it’s common for a defamation claim to result from a later published speech.

 

What are the Elements of the Tort of Defamation in Virginia? 

 

Under Virginia law, you must prove the following elements to win your claim for defamation (including libel and slander): 

 

  1. The publication of
  2. An actionable statement about you with
  3. The necessary intent 

 

As you can see, this is a vague definition. That’s why I recommend that you focus on proving the following factors when deciding whether to prosecute a defamation action: 

 

  1. A statement of fact
  2. About you or your business
  3. That is false and
  4. Defamatory in nature and
  5. Made to a third party
  6. In a non-privileged setting
  7. With negligence or intent to harm and
  8. That causes presumed or actual damages, including financial loss and pain and suffering. 

 

Now we’ll take a closer look at these elements.

 

What is a Defamatory Statement?

 

A statement is considered defamatory if it harms your reputation in the community or discourages others from associating or doing business with you.

 

In evaluating your claim, the court will look at the statement literally and then consider the context.

 

Some statements are considered so horrible that damage to your reputation is presumed even without further proof. This is known as defamation per se.

 

Under Virginia law, the following statements are considered defamation per se:

 

  • Those that call into question your ability to perform your job, trade, or profession, or imply that you lack integrity in performing your job;
  • Those that hurt you in your profession or trade;
  • Those that state you are infected with a contagious disease; or
  • Those that allege you are guilty of a crime involving moral turpitude (lying, cheating, or stealing)
  • Those that allege sexual misconduct regardless of gender

 

If your defamation action is based on a statement that doesn’t fall within one of these categories, you must prove that the statement is one that makes you seem infamous or ridiculous, and holds you up to scorn, hatred, or ridicule. Obvious jokes, hyperbole (exaggeration), or mere insults that are embarrassing or unflattering will not be considered defamatory. You must pr

 

Proving Publication in a Defamation Case

 

To prove publication in a defamation action, you must show that the defendant communicated the defamatory statement to a third-party. A third-party is any person other than you or the defendant.

 

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