Libel as a Cause of Action in New York

In New York, libel is a type of defamation that deals specifically with false statements made in writing or other fixed mediums, such as newspapers, social media posts, or emails. A successful libel claim can help a plaintiff recover damages for reputational harm, emotional distress, or economic loss caused by someone’s false written words. To win a libel case in New York, a plaintiff must prove four elements.

A False and Defamatory Statement of Fact

The first element is that the defendant made a false and defamatory statement of fact. The statement must be more than a rude opinion or criticism. It must be presented as a factual claim that is not true and that tends to harm the plaintiff’s reputation. For example, writing in a public forum that someone committed a crime when they did not would likely qualify. On the other hand, simply calling someone “unpleasant” or “bad at their job” might not meet the standard, depending on context.

About the Plaintiff

The second element is that the statement must be about the plaintiff. This means a reasonable reader must understand that the statement refers to the person bringing the lawsuit. The plaintiff does not have to be named outright, but if identifying details are included that would make the person recognizable to readers, the element is satisfied. Group defamation usually fails unless the group is small enough that each member could be identified individually.

Published to a Third Party

The third element is that the statement must be communicated or “published” to at least one person other than the plaintiff. This doesn’t mean it has to appear in a newspaper or go viral online — even a single email or message to someone else could count as publication. The key issue is that someone other than the plaintiff read or heard the statement.

Causing Injury to the Plaintiff or Being Libelous Per Se

The final element involves harm. Generally, a plaintiff must show the statement caused injury — such as damage to reputation, lost job opportunities, or emotional distress. However, in cases of libel per se, injury is presumed. Libel per se includes statements that accuse someone of committing a crime, having a loathsome disease, being unfit for their profession, or engaging in serious sexual misconduct.

Conclusion

Libel law in New York aims to balance the right to free expression with the right to protect one’s reputation. While opinions and fair criticisms are generally protected, written statements that present harmful falsehoods as facts may be actionable. Plaintiffs who can prove the statement was false, about them, published to someone else, and harmful — or so inherently damaging that harm is presumed — may have a valid claim for libel and may be entitled to compensation.

Find the Law

“As stated, the elements of libel are (1) a false and defamatory statement of fact, (2) about the Plaintiff, (3) published to a third party, (4) causing injury to plaintiff or libelous per se. If the statement is libelous per se, the injury is presumed.” Swyer v. Giuliano, 2020 N.Y. Slip Op. 35356, 7 (N.Y. Sup. Ct. 2020)