Libel is a concept that concerns the publication of false and damaging statements about individuals or organizations. This can take on different forms, including the use of written or spoken words, pictures or cartoons. In Colorado, libel is a civil wrong for which individuals can seek compensation in a court of law. Here is a detailed look at what constitutes libel under Colorado law.
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Defining Libel
At its core, libel constitutes a false statement of fact that is communicated to third parties in writing or other forms of media, such as radio, television or online publications. The statement must also be damaging to the reputation of the plaintiff in the context of their personal or professional life. This is commonly referred to as “defamation per se.”
Elements of a libel claim
To successfully make a libel claim in Colorado, the plaintiff must establish the following elements:
False Statement of Fact
The statement must be objectively untrue, and not merely an expression of opinion or hyperbole. The plaintiff must also prove that the statement is false, and not just that the defendant was incorrect in their assertion. A statement that does not purport to be factual or that is obviously a joke or satire may not be considered defamatory.
Publication
The plaintiff must demonstrate that the false statement was communicated to others beyond the defendant. Communication can take any form such as written, spoken, or graphic for instance. It can be published on print, on social media, or any other online content platform.
Injury
The plaintiff must have suffered some kind of harm as a direct result of the defamatory statement. This may include loss of employment, damage to their reputation, or mental distress. This is generally referred to as “actual damages.”
Fault
Plaintiffs in defamation suits must also prove that the defendant acted negligently or intentionally in making the false statement. In Colorado, the standard can be met if it can be shown that the defendant acted with reckless disregard to the truth or falsity of the statement.
Defenses to Libel
There are several defenses to a libel claim in Colorado, including:
Truth
Truth is an absolute defense to a libel claim. If the statement is not factually wrong, no libel has taken place.
Opinion
Statements of opinion or belief are not considered libelous. This is based on the assumption that reasonable people are capable of distinguishing between objective facts and subjective opinions.
Privilege
Certain communications are privileged and therefore not actionable as libel. These may include statements made in court, by government officials while carrying out their duties, and in some cases by journalists.
Consent
A plaintiff who consents to the publication of information about themselves may not later bring a libel claim.
Retraction
If the defendant publishes a retraction that is timely, unambiguous, and complete, the plaintiff may not be entitled to damages for actual harm or injury.
Conclusion
Libel is a serious matter in Colorado, and individuals or organizations found guilty of this offense can be penalized under the law. Those who believe they have been wrongly accused of libel or have a claim against someone who they believe has committed libel against them should seek the consultation of a qualified legal professional.