What elements are needed for defamation to be actionable?

• A. A false statement concerning another; an unprivileged publication to a third party; fault on the part of the publisher; harm must be proven (unless defamation per se).
• B. A true statement about a public figure.
• C. Publication only to the defamed person.
• D. No fault is required if the statement is an opinion.

Answer: (A)

Defamation actions hinge on four elements: a false statement of fact about another person, publication of that statement to a third party, fault by the speaker or publisher, and harm or damages unless the statement is defamation per se. The statement must be presented as a fact, not simply an opinion, and it must be communicated to someone other than the person harmed. The fault requirement varies by who is defamed— private individuals usually must show at least negligence, while public figures must show actual malice—reflecting the need for responsibility in reporting. Damages are normally required to prove harm, except in cases of defamation per se where the statement is so evidently harmful (e.g., alleging criminal conduct or professional unfitness) that damages are presumed. This combination of falsity, publication to a third party, fault, and (where applicable) damage is what makes defamation actionable.

The other options don’t fit because: a true statement about a public figure isn’t defamation; publication to the defamed person alone isn’t publication to a third party; and stating that no fault is required for an opinion ignores the protection surrounding opinions and the fact that defamatory statements must still be presented as factual and fault-based in applicable law.