DEFAMATION (Lat. diffamare, from dis-, prig. pima. report). The infringement of the right of reputation; specifically, the publishing of any matter concerning an individual which is untrue in fact, and which has a tendency to impair his public reputation. The right of every man to the good name which lie has earned by a long course of good •onduet is recognized by every developed system of law. It is regarded as a species of property, a valuable asset, of which no one can deprive him with impunity. Its violation is a legal wrong, or tort, and it may, under some circumstances, be a public wrong or crime.
As reputation is the estimation in which a man is held by the community in which hi' lives. the gist of the injury in the publication of the imputation upon his character. if communi cated to him privately or written out for the purpose of publication, but not actually coin comieated to a third party, it is no violation of the right of reputation. DO matter how unjust it n.ay he. Furthermore, the law will protect repu tation only in so far as it is fairly earned. A truthful imputation upon character is no viola tion of the right. But even the publication of derogatory matter which is in fact untrue may DI it amount to defamation in the legal sense. The imputation may be too vague and general. or too trivial to be regarded, or, although defi nite and harmful, it may be uttered under such circumstances of privilege as to justify and excuse it.
In general it may be said that an action will lie for defamation in those eases. and in eases only: (I) In which the charge or tion is shown to have caused special pecuniary damage to the plaintiff: (2) in whirl] the tiff is (-barged with the ennunission of a crime: (31 in which the present existence of an f•nsive contagious disease is imputed to him: whip]] the conduct of his profession or trade, or of an office of public trust held by him, or his fitness therefor, is impugned ; (5) in which unchastity is imputed to a woman. In all these cases but the first, the words or acts charged' arc defamatory per se, and are al& without proof of special damage resulting therefrom, and in all of thew' the action will lie whether words Were spoken or written. In the case of a written imputation,
however, which is technically called a 1 iliel, spe cial damage need never he shown, Inn it is enough to satisfy the jury that the words com plained of mere su•]] as to bring the plaintiff into ridicule, odium, or contempt.
Thy most illiportmit and comprehensive ground of justification for imputations upon charaeter is the privilege of fair criticism and comment on public men and affairs. 'Fills exists only in com munities. like England and the United States, in the government, is of a free and popular charm-ter. and the liberty of the press and of public discussion has reached a high point. This privilege does not cover mere abuse, nor the malicious imputation of dishonesty and in capacity, nor the invasion of the private and domestic life of the person aceused, unless this has some bearing on public affairs. But every citizen is protected in the honest expression of opinion, however severe and unjust it may be, concerning matters of public interest and general concern, whether political or not, so long as the limits of fair criticism are not exceeded. Privi lege may also exist in matters of private concern, under special circumstances, as in comments An character made by a judge, advocate, or witness in the course of a judicial proceeding. such state nients being privileged unless made malieiously or recklessly.
Beference has been made to the fact that the publication of defamatory matter may, under some circumstances. be a violation of the criminal law. This is never trim of mere slander, or spoken defamation, but only of libel: and it is theoretically justified on the ground that written Of printed attacks on character are likely to lead to breaches of the peace or to prove subver sive of the good order and morals of the com munity. It seems more probable, however, that the criminal proceedings in libel cases are a sur vival of the primitive right vengeance for injuries of this character. which has, in process of time, been taken over by the State. See Tour; LI BEI, ; SLANDER; PRIVILEGED COIL