Which element requires publication to a third party?

• A. Truthfulness of the statement.
• B. Consent.
• C. Made to the defamed person only.
• D. Publication to a third party.

Answer: (D)

Defamation hinges on dissemination—there must be communication of the false statement to someone other than the person it concerns. That act of communicating to a third party is what creates a reputational injury in the eyes of the law. If the statement is spoken or written only to the defamed person themselves, there’s no publication to a third party, so the defamation claim isn’t triggered. The other options reflect different aspects—truthfulness is a defense (truth defeats liability), consent can bar liability, and a statement made only to the defamed person is not enough because the essential publication element isn’t met. The moment a third party hears or reads the statement, the publication requirement is satisfied.