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The Basics of Defamation In Virginia

The Virginia courts have historically viewed defamation lawsuits as a means to protect the basic rights of individual security and the uninterrupted entitlement to the enjoyment of one's reputation. The Gazette, Inc. v. Harris, 229 Va.325 S.E.2d 713 (1985). As a general matter, defamation is split up into two categories: 1) written defamatory statements and 2) defamatory statements that are spoken. The written version of defamation is often called “libel”, while the spoken version is called “slander”.

Numerous court cases have discussed the basic elements that constitute a compensable defamation claim. In Virginia, there are three basic elements of defamation which include: 1) publication or the dissemination of information, 2) an actionable statement, and 3) intent. M. Rosenbery & Sons v. Craft, 183 Va. 512 (1944).

In order for a potentially defamatory statement to be actionable, it must be both false and defamatory. A person cannot be held liable for making a statement about another person if it is true since the dicussion of accurate information about another person is generally not considered to be defamatory. Additionally, statements expressing an opinion are typically not compensable or actionable.

If a potentially defamatory statement is not classified as an opinion by the court, the plaintiff has the burden of proving that the statement is false. If the statement is found to be false and was either written down in a published document or spoken to another person, the individual who made the statement may be found liable in a defamation claim.

A jury will then decide the amount of and type of compensation that should be awarded to the plaintiff. In many tort actions, including defamation claims, there are two types or categories of compensation awards that may be awarded to the plaintiff: 1) compensatory damages, and 2) punitive damages. Compensatory damages in a defamation case seek to compensate the plaintiff for the harm that he or she suffered to his or her reputation. Punitive damages, on the other hand, seek to punish the defendant in the case for his or her bad acts.

In Virginia, punitive damages will generally be awarded only if the plaintiff can prove that the defendant acted with malice. This means that the defendant purposely or recklessly distributed false information about the plaintiff with the intent to harm the person’s reputation. It is possible for defamatory statements to be made without malice, in which case, punitive damages would not be available.

If you or someone that you know has been defamed through spoken words or in writing, an experienced Virginia personal injury attorney may be able to help you obtain compensation for the damage that has been done to your reputation. A personal injury lawyer in Virginia can assess your case and advise you on the process of filing a defamation lawsuit in Virginia.



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