When I wrote about the elements of defamation back in 2013, I noted that one of the requirements for a successful defamation action is that the statement at issue be “defamatory in nature.” In other words, to be actionable, that statement must convey a defamatory meaning to the reader or listener; it cannot be merely insulting or provocative. What does it mean to be defamatory? The definition varies from state to state. In New York, a defamatory statement is one that exposes an individual “to public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation, or disgrace, or…induce[s] an evil opinion of one in the minds of right-thinking persons, and…deprives one of…confidence and friendly intercourse in society.” (See Celle v. Filipino Reporter Enterprises Inc., 209 F.3d 163, 177 (2d Cir. 2000)). Here in Virginia, defamatory words are those “tend[ing] so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.” (See Schaecher v. Bouffault, 290 Va. 83 (2015)). Words that rise to this level have been said to carry the requisite degree of “defamatory sting.”
Regardless of which state’s definition is applied, statements that tend to expose another to hatred, ridicule, or contempt are generally considered defamatory in nature. Disparaging statements about another’s moral values, personal integrity, or financial standing may fall into this category. Note, however, that although cases often recite that being made to look “ridiculous” in the community is sufficient to convey defamatory meaning, defamatory meaning is just one element of a defamation action. The tort of defamation also requires a false statement of fact. Therefore, not every statement that tends to expose another to public ridicule will be actionable in court.