Libel Per Se: An Overview for Business Professionals

Libel per se is a legal concept that applies to publications that are defamatory without requiring further proof of damages. This means that when someone has been libeled in such a manner, they are automatically entitled to damages without needing to prove that those damages were incurred. If a plaintiff is able to successfully show this, then they are eligible to recover damages from the defendant.

What Is Defamation?

In order to understand libel per se, it is important to first understand what defamation is. Defamation is the presentation of false and malicious information about someone that harms their reputation. Defamation can take many forms, including oral statements, written publications, or even visual portrayals.

Types of Defamation

The two main types of defamation are libel and slander. Libel is a false statement that is published while slander is an oral statement or gesture. While slander is not seen, it can be heard and felt, and can also be potentially harmful or damaging.

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What Is Libel Per Se?

Libel per se is a type of defamation that is considered to be so egregious or damaging that a plaintiff does not need to prove special damages (i.e., Non-economic loss such as embarrassment, humiliation, mental distress etc.) in order to recover for it. Examples of libel per se include: accusations of criminal activity, allegations of a loathsome disease, or claims that a person is incompetent or lacks certain moral qualities.

Related Legal Concepts

Understanding libel per se often goes hand in hand with the broader concept of libel and the legal principle of per se, which means “by itself” or “inherently.” This concept differs from negligence per se, another legal doctrine where certain acts are considered negligent without further proof. The distinction between different per se applications in law helps clarify when damages are presumed versus when they must be proven through additional evidence.

The Bottom Line

Libel per se represents a powerful legal protection against particularly harmful false statements that are so damaging they don’t require proof of specific monetary losses. This concept recognizes that certain accusations—like criminal conduct or professional incompetence—are inherently harmful to one’s reputation and standing in the community. For guidance specific to your situation, always consult a qualified, licensed attorney.