DEFAMATION PER SE Meaning and
Definition
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Defamation per se refers to a specific type of defamation that does not require the plaintiff to prove they suffered harm or damages as a result of the defamatory statement. The term "per se" is a Latin phrase meaning "by itself" or "in itself." In the context of defamation, it means that the statement is inherently harmful or damaging without the need for additional evidence to establish its harmful effects.
Defamation per se typically applies to statements that are considered so inherently damaging that they are presumed to cause harm to one's reputation. These statements often involve false accusations of serious crimes, misconduct, or moral turpitude. Common examples might include allegations of theft, fraud, sexual misconduct, or professional incompetence.
To qualify as defamation per se, the statement must meet certain criteria and fall within recognized categories established by law. These categories vary depending on jurisdiction but can generally include false statements about a person's professional abilities or qualifications, accusations of engaging in criminal or immoral activities, false statements about one's business or financial conduct, or false statements that impute a loathsome disease.
In cases of defamation per se, the plaintiff can sue for damages without having to prove that they suffered specific harm or financial losses because it is assumed that the nature of the statement itself is inherently damaging. However, the plaintiff may still need to prove that the statement was false and was communicated to a third party in order to succeed in a defamation per se claim.
