What Constitutes Defamation in Colorado?

Understanding Defamation

Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. In Colorado, as in other states, defamation can take two forms: libel and slander. Libel refers to written or published defamatory statements, while slander refers to spoken defamatory statements.

To successfully bring a defamation claim in Colorado, the plaintiff must prove several key elements. These include a false statement purporting to be fact, publication or communication of that statement to a third party, fault amounting to at least negligence, and damages or harm caused to the subject of the statement. Understanding these elements is crucial to determining whether a statement qualifies as defamation under Colorado law.

Elements of a Defamation Claim

The first element of a defamation claim is a false statement of fact. This means the statement must be objectively false and not just an opinion or exaggerated statement. Opinions, even if they are harmful, are generally protected under the First Amendment. The second element is that the false statement must be published or communicated to a third party. This can be done through any medium, including spoken words, written text, or online posts.

The third element is fault. In Colorado, public figures must prove that the defamatory statement was made with "actual malice," meaning the defendant knew the statement was false or acted with reckless disregard for the truth. Private individuals only need to prove that the defendant was negligent in making the false statement. The final element is damages, which means the plaintiff must show that the false statement caused harm to their reputation, leading to financial loss, emotional distress, or other damages.

Defenses Against Defamation Claims

There are several defenses that a defendant can use against a defamation claim. One common defense is the truth. If the statement in question is true, it cannot be considered defamatory. Another defense is privilege, which protects certain communications, such as those made during judicial proceedings or in government reports, from defamation claims.

Opinion is another defense. Since opinions are not statements of fact, they are generally protected under the First Amendment. Additionally, if the statement was made without actual malice or with a reasonable belief in its truth, this can also be a valid defense, especially in cases involving public figures.

Statute of Limitations for Defamation in Colorado

In Colorado, the statute of limitations for filing a defamation lawsuit is one year from the date the defamatory statement was made. This means that plaintiffs must act quickly to protect their rights. If the defamation is ongoing, such as repeated statements or continuous publication, the statute of limitations may extend, but this can be complex and requires legal advice.

Understanding the specifics of what constitutes defamation in Colorado is essential for both potential plaintiffs and defendants. If you believe you have been defamed or are facing a defamation lawsuit, it is highly encouraged that you seek legal counsel. 

If you need assistance with a defamation case, our defamation attorneys at Ernst Legal Group can help you understand your rights and options.For more information or to discuss your case, please contact us today. We are here to provide the legal support you need to protect your reputation and achieve the best possible outcome.