While defamation can be upsetting and may even cause you to lose business and relationships, there are some valid defenses that you would need to overcome to be successful in suing for libel or slander. The number one defense to defamation of character is truth. If the statement were true, it would be an absolute defense, even if the statement was harmful. For example, suppose a former employer tells a potential new employer that you use drugs, and that's why you were fired. If they can prove that's why you were fired by producing a failed drug test, then that is a valid defense, and you would not have a case.
Privileged statements, as mentioned previously, are a complete defense. Suppose a prosecuting attorney maligns you during a trial. In that case, you cannot sue them for defamation afterward since it's a judicial proceeding. Another example would be if a reporter was reporting on a story about you and shared statements that put you in a bad light. Those comments may be protected because the information is important to the public.
Opinions are another defense to defamation. Someone must make a statement as if it were a fact to be defamatory. For example, say you're a contractor, and your competitor publishes something on a neighborhood website that says, "John Q. uses stolen materials to make his bids cheaper than mine." If that were untrue, that would be defamatory. On the other hand, if your competitor publishes a statement that says, "I think John Q. is crooked," that is their opinion and may not be actionable because opinions fall under free speech, however hurtful it may be.
Another defense is innocent dissemination. A small website publisher could use this defense if defamatory comments were made under the comment section on a story. While website publishers should make efforts to make sure their users don't run amuck, they didn't make the statements and may not have known what users were posting.
Understanding the Statute of Limitations for Libel and Slander
If you believe you have a valid claim for libel, talking with the lawyers at Morgan and Morgan is an excellent first step. However, when answering the question, "is libel a crime," it's important to remember that the statute of limitations applies to this type of lawsuit. Every state has its own deadline for filing this sort of claim, some as little as one year. If the deadline has passed, you will not be able to sue for compensation. Generally, the deadline countdown starts on the date when the statement was made.
Unfortunately, even if the statement is republished later, it does not reset the clock in most states because of the single publication rule. That also means that you cannot bring another separate lawsuit if it's republished later.
Some states have a discovery rule exception to the statute of limitations. A discovery rule sets the statute of limitations time clock to when you first discovered or should have discovered a defamatory statement was made about you. For example, suppose you were fired from your job with no explanation. Later, past your state's statute of limitations, you hear through the grapevine that a former colleague told your boss you had been arrested for domestic violence. In that case, the statute of limitation would begin on the date you learned of it.
There are some other ways to extend the statute of limitations, such as if the defendant leaves the state before you can file or if the defamed person is under 18 at the time of the statement. When the defamed person reaches 18, the time clock starts running.