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Defamation law in Missouri deals with protecting an individual’s or business’s reputation from false and harmful statements made by others. Defamation is a civil wrong, or tort, that comes in two forms: libel, which refers to written statements, and slander, which refers to spoken statements. If someone spreads untrue statements that harm your reputation, you may have grounds for a defamation claim under Missouri law. Understanding what qualifies as defamation, the elements required to prove it, and the legal process involved is crucial for anyone seeking relief or defending against such allegations in Missouri.
Legal representation is essential in many defamation cases because of the complexity of the laws and the need to gather compelling evidence. Here are some situations where you may need a lawyer:
Lawyers can help assess the validity of your claim or defense, ensure timely action according to legal deadlines, and maximize the likelihood of a positive outcome, whether through negotiation or litigation.
Missouri law distinguishes between libel and slander, with both requiring the plaintiff to prove specific elements to be successful in court. To establish defamation in Missouri, the plaintiff must generally show:
Missouri observes a statute of limitations of two years for defamation actions. This means a lawsuit must generally be filed within two years of when the alleged defamatory statement was published. Missouri also recognizes some defenses against defamation claims, such as truth, opinion, absolute privilege (for example, statements made in court), and qualified privilege (for example, certain employment references).
Defamation in Missouri consists of a false statement presented as a fact to a third party that harms someone's reputation. It covers both written (libel) and spoken (slander) statements.
You must prove the statement was false, it was communicated to others, it harmed your reputation, and in some instances, that the speaker acted negligently or maliciously, especially if you are a public figure.
Yes, truth is an absolute defense. If the statement in question is true, it cannot be considered defamatory, regardless of its impact.
Generally, statements of opinion are not considered defamatory because they cannot be proven false. However, if an opinion implies false underlying facts, it could be actionable.
The statute of limitations for filing a defamation lawsuit in Missouri is two years from the date the statement was made or published.
Yes, public figures or officials must prove that the defamatory statement was made with actual malice, meaning with knowledge of its falsity or reckless disregard for the truth.
You may be able to recover actual damages for lost income, emotional distress, and in some cases punitive damages if malice or egregious conduct is proven.
Common defenses include truth, opinion, consent, absolute privilege, and qualified privilege. Each defense depends on the circumstances of the case.
Yes, statements made on social media platforms can qualify as defamation if they meet the relevant legal criteria under Missouri law.
It is often advisable to send a cease-and-desist letter as an initial step, as this can sometimes resolve the issue without litigation. However, this is not required, and you should consult an attorney for the best strategy.
If you believe you have been defamed or are facing a defamation claim, consider the following steps:
An attorney can help you understand your rights, the strength of your case or defense, and the best way to proceed, whether through negotiation, retraction requests, or filing a lawsuit in Missouri court.
