How to Prove Libel

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Has someone made written a false statement about you that has caused you harm? Gather the facts and learn how to argue something is libelous.

Warning
Laws vary by state. Always consult an attorney for expert, specific legal advice

Step 1: Show publication
Prove that the statement in question was published by getting a copy of the publication.

Step 2: Truth
Prove that the statement made is not true. This can be challenging and expensive.

Tip
Opinions, satire, and hyperbole can be used as defenses in a libel suit.

Step 3: Prove damage
Prove you have been damaged due to the false statement, such as providing evidence of lost customers or emotional distress.

Step 4: Prove negligence
Prove negligence if it involves a private figure. Negligence means a reasonable person would not have published the defamatory statement. If you are a public figure, prove that whoever published the information had full knowledge that it was false or in reckless disregard for the truth.

Tip
In some cases you will need to prove that the publisher had knowledge the statement was false even if you are a private figure.

Step 5: Take them to court
Hire a lawyer to collect evidence and present your case in court.

Did You Know?
In 2006, the median annual earnings of lawyers were $102,470.