No one wants to be the subject of gossip or false accusations, but sometimes things happen. In the age of social media, information (and misinformation) spreads quickly. If you’ve been the target of false statements that harmed your reputation, you might be wondering about your legal options. This post provides an overview of defamation law in Minnesota.
What is Defamation?
Defamation is a legal claim that arises when someone makes a false statement about you that harms your reputation. In Minnesota, defamation can take the form of libel (written statements) or slander (spoken statements).
Elements of a Defamation Claim in Minnesota
To successfully sue for defamation in Minnesota, you generally need to prove the following elements:
A false statement was made about you: The statement must be objectively false. This means it can be proven true or untrue. Statements of opinion are generally not considered defamatory.
The statement was published or communicated to a third party: This means someone other than you and the person making the statement heard or saw it. Publication can be in writing, spoken, or even through gestures.
The statement was made with at least a negligent level of fault: The level of fault required depends on whether you are a public figure or a private individual.
Public figures (celebrities, politicians, etc.) must prove the statement was made with “actual malice,” meaning the person making the statement knew it was false or acted with reckless disregard for the truth.
Private individuals generally only need to prove the statement was made negligently, meaning the person making the statement failed to exercise reasonable care in determining its truth or falsity.
The statement harmed your reputation: You must show that the false statement caused you actual harm, such as damage to your relationships, loss of employment, or emotional distress.
Defenses to Defamation
There are several defenses to a defamation claim, including:
Truth: Truth is an absolute defense to defamation. If the statement is true, it cannot be defamatory, no matter how harmful it may be.
Opinion: Statements of opinion are generally protected by the First Amendment and cannot be the basis of a defamation claim.
Privilege: Certain types of communication, such as testimony in court or statements made by legislators during debates, are privileged and cannot be the basis of a defamation claim.
Special Considerations in Minnesota
Minnesota has a few unique aspects to its defamation law:
Retraction Statute: Minnesota has a retraction statute that can help mitigate damages in a defamation lawsuit. If the person who made the defamatory statement retracts it in a timely and appropriate manner, you may only be able to recover actual damages, not punitive damages.
Criminal Defamation: While rare, Minnesota does have a criminal defamation statute. Criminal defamation is a misdemeanor and requires proof that the defamatory statement was made with the intent to injure the person’s reputation.
What to Do If You Believe You Have Been Defamed
If you believe you have been defamed, it is important to consult with us at Lommen Abdo. An attorney can help you understand your legal rights and options and can assist you with gathering evidence and pursuing a claim.
Disclaimer: This blog post provides general information about defamation law in Minnesota and should not be considered legal advice. It is essential to consult with an attorney to discuss your specific situation.