Defamation as a Cause of Action in Connecticut

Defamation occurs when someone communicates a statement that harms another person’s reputation. In Connecticut, a defamatory statement is one that would cause the subject of the statement to be viewed less favorably by the community or would make others avoid associating with them. This harm to reputation must result from something that was said or written and shared with others.

To bring a successful defamation claim in Connecticut, the plaintiff must establish four specific elements. Each element plays an important role in determining whether a statement rises to the level of defamation under the law.

The Defendant Published a Defamatory Statement

The first requirement is that the defendant made a statement that is actually defamatory. This means the content of the communication must have the potential to damage the plaintiff’s reputation. Not every negative or offensive statement qualifies. The statement must go beyond simple insults or opinions and suggest something harmful to the person’s character, standing, or credibility within the community.

The Statement Identified the Plaintiff

The second requirement is that the statement must be “of and concerning” the plaintiff. In other words, the statement must clearly or reasonably be understood to refer to the person bringing the claim. Even if the statement does not mention the plaintiff by name, it must contain enough identifying detail that listeners or readers could recognize who it is about.

The Statement Was Communicated to a Third Party

Third, the defendant must have shared the statement with someone other than the plaintiff. A key aspect of defamation is that the reputational harm comes from others believing the false and damaging statement. If the defendant only says something defamatory directly to the plaintiff and no one else hears or reads it, the law generally does not recognize this as defamation. Similarly, if the plaintiff repeats the statement to others, that does not count as publication by the defendant.

The Plaintiff’s Reputation Was Harmed

Finally, the plaintiff must show that the defamatory statement caused harm to their reputation. This could involve being shunned socially, losing business, or suffering personal or professional damage. In some cases, the law presumes harm if the statement accuses someone of a serious crime or threatens their livelihood, but in general, the plaintiff must provide evidence of real damage.

Conclusion

Defamation law in Connecticut is designed to balance freedom of speech with protecting individuals from reputational harm. To succeed in court, a plaintiff must show not just that the statement was unkind or false, but that it met all four elements: it was defamatory, referred to them, was shared with others, and caused real reputational damage. Each publication of the statement can create a new legal claim, but statements repeated only by the plaintiff do not support a defamation action. Understanding these requirements is essential for evaluating whether a legal claim for defamation may be appropriate.

Find an Attorney

If you believe you have been harmed by a defamatory statement, or if someone has accused you of making one, it is important to speak with an attorney experienced in defamation law. A qualified attorney can help you evaluate whether the statement meets the legal requirements for defamation in Connecticut, assess the strength of your case or defense, and guide you through the legal process. Defamation cases can be complex and fact-specific, so getting legal advice early can make a significant difference in how your case is handled and resolved.

Find the Law

“A defamatory statement is defined as a communication that tends 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. . . .” (Internal quotation marks omitted.) QSP, Inc. v. Aetna Casualty Surety Co., 256 Conn. 343, 356, 773 A.2d 906 (2001), quoting 3 Restatement (Second), Torts § 559, p. 156 (1977). To establish a prima facie case of defamation, the plaintiff must demonstrate that: (1) the defendant published a defamatory statement; (2) the defamatory statement identified the plaintiff to a third person; (3) the defamatory statement was published to a third person; and (4) the plaintiff’s reputation suffered injury as a result of the statement. See QSP, Inc. v. Aetna Casualty Surety Co., supra, 356; 3 Restatement (Second), supra, §§ 558, 580B, pp. 155, 221-22; W. Prosser W. Keeton, Torts (5th Ed. 1984) § 113, p. 802. With each publication by the defendant, a new cause of action arises. See W. Prosser W. Keeton, supra, § 113, pp. 799-800. As a general rule, however, no action for defamation exists if the defendant publishes the defamatory statements to only the plaintiff, and the plaintiff subsequently disseminates the statements to a third person. See 3 Restatement (Second), supra, § 577, comment (m), p. 206; W. Prosser W. Keeton, supra, § 113, p. 802.” Cweklinsky v. Mobil Chemical Company, 267 Conn. 210, 218 (2004)