“Defamation” is a false statement of “fact,” not privileged, to a third party, which causes injury to the person who is the subject of the statement. “Libel” is the written form of defamation, and “slander” is the oral form. In associations, many statements, though false, are “privileged” (that is, it is permissible to make the statement even though it is false.) However the privilege in association context is generally a “qualified” privilege, that is, the person making the statement must be ignorant of the falsity of the statement. Actions for defamation are generally countered by an “anti-SLAPP” motion. See Anti-SLAPP Motion.

Leave a Reply