📋 What is Defamation?

Defamation is a false statement of fact, published to a third party, that injures the reputation of another person. In California, defamation is defined by Civil Code sections 44-48 and includes both libel (written defamation) and slander (spoken defamation).

When to Use This Guide

Use this guide if someone has made false statements about you that have harmed your reputation through:

📰 Online Posts

False statements on social media, review sites, forums, blogs, or websites that damage your reputation

🔊 Spoken Statements

False oral statements made to third parties about your character, business, or professional competence

📰 Print Publications

False statements in newspapers, magazines, books, or other written materials

📺 Broadcast Media

False statements on television, radio, podcasts, or video platforms

💡 Libel vs. Slander

California distinguishes between two forms of defamation:

  • Libel (Civil Code 45): Defamation in a fixed, permanent form - writing, printing, pictures, or broadcasts. Libel is actionable without proving special damages.
  • Slander (Civil Code 46): Oral (spoken) defamation. Generally requires proof of special damages UNLESS it falls into one of the slander per se categories.

Defamation Per Se vs. Per Quod

⚠ Defamation Per Se (No Special Damages Required)

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Certain statements are so harmful that damages are presumed without proof of actual financial loss. Under California law, defamation per se includes false statements that:

  • Charge commission of a crime: Falsely accusing someone of criminal conduct
  • Impute a loathsome disease: Historically, sexually transmitted diseases
  • Attack professional reputation: False statements about someone's fitness for their trade, profession, or business
  • Impute unchastity (women): False statements imputing sexual misconduct (Civil Code 46(4))

For libel per se (Civil Code 45a), the statement must be defamatory on its face without needing additional context.

💰 Defamation Per Quod (Special Damages Required)

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If the defamatory statement does not fall into a per se category (for slander) or is not defamatory on its face (for libel), you must prove "special damages" - actual pecuniary losses such as:

  • Lost business or clients
  • Lost employment or job opportunities
  • Lost contracts or deals
  • Other quantifiable financial harm directly caused by the defamation

General reputational harm or emotional distress alone is insufficient for slander per quod claims.

⚠ Anti-SLAPP Warning

California has one of the nation's strongest anti-SLAPP laws (CCP 425.16). If the defamatory speech relates to a matter of public concern or was made in a public forum, the defendant may file an anti-SLAPP motion. If successful, your case is dismissed AND you must pay the defendant's attorney's fees (typically $50,000-$200,000+). Assess SLAPP risk carefully before filing any lawsuit. See our Anti-SLAPP Strategy Guide.

⚠ Time is Critical - 1-Year Statute of Limitations

California has only a 1-year statute of limitations for defamation claims under Code of Civil Procedure 340(c). The clock starts from the date of publication. For online statements, the "single publication rule" means the limitations period runs from when the statement was first posted, not from when you discovered it. Act quickly to preserve your rights.

✅ Evidence Checklist

Gather these documents before sending your demand letter. Click to check off items as you collect them.

📷 Documentation of Statements

  • ✓ Screenshots of all defamatory posts (with URLs and dates)
  • ✓ Archived copies (use archive.org or screenshot tools)
  • ✓ Recordings of oral statements (if available and legal)
  • ✓ Copies of written publications, emails, or letters

👥 Publication Evidence

  • ✓ Evidence of who saw/heard the statements
  • ✓ Witness names and contact information
  • ✓ View counts, shares, or engagement metrics
  • ✓ Documentation of where statement was published

🔍 Evidence of Falsity

  • ✓ Documents proving the statements are false
  • ✓ Records contradicting the defamatory claims
  • ✓ Witness declarations supporting truth
  • ✓ Expert opinions if relevant

💰 Damages Documentation

  • ✓ Lost business or client documentation
  • ✓ Employment records (if job affected)
  • ✓ Communications showing harm (clients leaving, deals falling through)
  • ✓ Medical records if emotional distress claim

👤 Defendant Information

  • ✓ Full name and contact information
  • ✓ Social media profiles and usernames
  • ✓ Employer information (if relevant)
  • ✓ Evidence of defendant's knowledge of falsity

📅 Timeline Documentation

  • ✓ Date of first publication
  • ✓ Date you discovered the statements
  • ✓ Timeline of republications or spread
  • ✓ Statute of limitations calculation

🔒 Preserve All Evidence Immediately

Online content can be deleted at any time. Screenshot everything immediately and use web archiving services like archive.org. For oral statements, write down exactly what was said, when, where, and who heard it while your memory is fresh. Consider having witnesses provide written statements.

💰 Calculate Your Damages

Defamation damages in California fall into several categories. What you can recover depends on whether the defamation is per se or per quod.

Category Description
Special Damages Actual pecuniary losses - lost business, lost employment, lost contracts. Required for slander per quod and libel per quod claims.
General Damages Harm to reputation, shame, humiliation, mental anguish. Presumed for defamation per se; need not be proven with specificity.
Presumed Damages In per se cases, damages are presumed without proof of actual harm. Jury determines appropriate amount.
Punitive Damages Available if defendant acted with actual malice (knowledge of falsity or reckless disregard). Requires clear and convincing evidence.

💡 Retraction Demand Effect on Damages (Civil Code 48a)

If you sue a newspaper, magazine, or broadcast outlet for libel:

  • You MUST serve a retraction demand within 20 days of learning of the publication
  • If they publish a retraction, your recovery is limited to special damages only
  • If they refuse to retract, you can recover both general and special damages

This requirement does not apply to private individuals, websites, or social media posts.

📊 Sample Damages Calculation

Example: Business owner defamed by false fraud accusations on review site

Lost clients (10 clients x avg. $5,000 revenue) $50,000
Lost contract opportunity $75,000
Reputation management/PR costs $15,000
General damages (harm to reputation) $100,000
Emotional distress $50,000
TOTAL COMPENSATORY DAMAGES $290,000

💰 Punitive Damages Potential

If the defendant knew the statements were false or made them with reckless disregard for the truth, punitive damages may be available. In California, punitive damages require clear and convincing evidence of malice, oppression, or fraud. Awards can be substantial - often multiples of compensatory damages.

📝 Sample Language

Copy and customize these paragraphs for your demand letter. Note: Be careful with aggressive language if anti-SLAPP risk is present.

Opening Paragraph
I am writing regarding false and defamatory statements you published about me on [DATE]. Specifically, you stated [QUOTE THE DEFAMATORY STATEMENT] on [PLATFORM/LOCATION]. These statements are demonstrably false and have caused significant harm to my reputation and livelihood.
Statement of Falsity
Your statement that [QUOTE STATEMENT] is false. The truth is [STATE THE TRUE FACTS]. I have documentation supporting these facts, including [DESCRIBE EVIDENCE - e.g., "business records showing I have never been cited for any violation," or "my professional license in good standing"]. Your publication of this false statement of fact has exposed me to hatred, contempt, and ridicule, and has injured my professional reputation.
Legal Basis - Libel
Under California Civil Code Section 45, libel is a false and unprivileged publication in writing that exposes a person to hatred, contempt, or ridicule, or tends to injure them in their occupation. Your written statement accusing me of [NATURE OF ACCUSATION - e.g., "committing fraud" or "professional incompetence"] constitutes libel per se under California law, as it directly attacks my fitness for my profession and charges me with [criminal conduct / professional misconduct]. Damages are presumed for such statements.
Damages Statement
As a direct result of your defamatory statements, I have suffered substantial damages including: loss of business from clients who have terminated relationships citing your statements; loss of a contract opportunity worth approximately $[AMOUNT]; damage to my professional reputation built over [NUMBER] years; and significant emotional distress, anxiety, and humiliation. My total damages exceed $[AMOUNT].
Demand and Resolution (SLAPP-Aware)
I demand that you immediately: 1. Remove or delete the defamatory statements from [PLATFORM]; 2. Publish a retraction and correction stating that your prior statements were false; 3. Agree in writing not to republish these or similar false statements about me. I recognize your right to express opinions, but factual statements must be accurate. If we cannot resolve this matter through the correction of these false statements, I will have no choice but to pursue all available legal remedies, including a defamation action in California Superior Court. Please respond within [14-21 DAYS] of this letter.
Retraction Demand (For Media - Civil Code 48a)
Pursuant to California Civil Code Section 48a, I hereby demand that you publish a correction and retraction of the false and defamatory statements published in [PUBLICATION NAME] on [DATE]. Specifically, you published the following false statement: [QUOTE STATEMENT] This statement is false because [EXPLAIN FALSITY]. Under Civil Code 48a, you must publish a correction in substantially as conspicuous a manner as the original publication. Please confirm receipt of this demand and your intention to publish a retraction within [5 DAYS]. If you fail to publish a correction, I reserve all rights to pursue legal action for both general and special damages.

🚀 Next Steps

What to do after sending your demand letter.

Expected Timeline

Days 1-7

Defendant receives demand and evaluates response options

Days 7-21

Response period - defendant may remove content, offer settlement, or refuse

Days 21-30

Evaluate response and determine next steps (settlement negotiation or litigation)

If They Don't Comply

  1. Assess Anti-SLAPP Risk Before Filing

    This is critical in California. If the statements were made in a public forum about a matter of public concern, you face substantial SLAPP risk. Consult an attorney experienced in anti-SLAPP defense before filing any lawsuit. A lost anti-SLAPP motion means paying defendant's fees.

  2. Consider Alternative Remedies

    Sometimes non-legal approaches are more effective: platform reporting (most sites have abuse policies), search engine removal requests (right to be forgotten), reputation management, or public response with evidence of truth.

  3. File Lawsuit If Appropriate

    If you have a strong case with clear falsity, provable damages, and low SLAPP risk, file a defamation complaint in California Superior Court. Filing fee is approximately $435. Remember the 1-year statute of limitations.

⚠ Anti-SLAPP Reality Check

Before filing any defamation lawsuit in California, honestly assess:

  • Was the statement made in a public forum (social media, review site, public meeting)?
  • Does it relate to a matter of public concern (business practices, consumer issues, public figures)?
  • Can you prove falsity with admissible evidence (not just "I know it's false")?
  • Do you have documented special damages?

If the speech is protected and you cannot prove probability of prevailing, you risk paying $50,000-$200,000+ in defendant's attorney's fees. See our Anti-SLAPP Strategy Guide.

⚠ Anonymous Defendants

If the defamer is anonymous, you may need to file a "Doe" lawsuit and subpoena the platform (social media site, website host) for identifying information. This adds complexity and cost. Courts require a showing that the speech is actionable before ordering disclosure of anonymous speakers.

Need Legal Help?

Defamation cases require careful strategy, especially in California with anti-SLAPP risks. Get a 30-minute strategy call with an attorney to evaluate your case.

Book Consultation - $125

California Resources

  • California Courts Self-Help: selfhelp.courts.ca.gov - Forms and instructions
  • State Bar Lawyer Referral: calbar.ca.gov/Public/Need-Legal-Help
  • Civil Code 44-48: leginfo.legislature.ca.gov - Defamation statutes
  • CCP 425.16: Anti-SLAPP statute text
  • Small Claims Limit: $12,500 (individuals) - but defamation is complex for small claims