A Guide to Nevada “Defamation” Laws (Libel & Slander)

Nevada state law recognizes two forms of defamation that you can sue for:

1. libel – damaging untrue statements made in writing; and
2. slander – damaging untrue statements made orally.

To prove a defamation cause of action in Nevada, you must establish four elements:

1. That the defendant made false statements of “fact” about you;
2. That the defendant made an unprivileged publication of the statement(s) to a third party;
3. That the defendant acted negligently, recklessly or intentionally; and
4. That as a result of the statements, your reputation was damaged.

To help you better understand defamation lawsuits, our  Nevada personal injury lawyers discuss the following, below:

• 1. Meaning of Defamation, Libel and Slander
• 2. Elements
• 3. Free Speech
• 4. Defenses
• 5. Business Disparagement
• Additional Reading

1. Meaning of Defamation, Libel and Slander

Under Nevada law, defamation is a catch-all term for false statements that cause damage to your reputation. If the statement is made orally, it is slander. If made in writing, it is libel.

Libel is defined under section 200.510 of the Nevada Revised Statutes (NRS). NRS 200.510(1) provides:

A libel is malicious defamation, expressed by printing, writing, signs, pictures or the like, tending

• to blacken the memory of the dead, or
• to impeach the honesty, integrity, virtue, or reputation, or
• to publish the natural defects of a living person or persons, or community of persons, or association of persons, and thereby to expose them to public hatred, contempt or ridicule.¹

Slander is basically the same as libel but applies to statements made orally. In practice, defamation cases usually involve only libel because it can be hard to prove slander or that slander caused damages.

2. Elements

In Nevada, you must prove four elements to establish a defamation claim:

1. A false and defamatory statement;
2. Unprivileged publication to a third person;
3. Fault, amounting to at least negligence; and
4. Actual or presumed damages.²

These elements are discussed below.

False Statements

A false statement purports to be about a fact. Statements of opinion cannot be defamatory because “there is no such thing as a false idea.”³

A statement of fact is not defamatory if it is true or even mostly true. Nor is it defamatory if it is an exaggeration or generalization that could be interpreted by a reasonable person as “mere rhetorical hyperbole.”⁴

However, a false statement is defamatory if it:

“would tend to lower the subject in the estimation of the community, excite derogatory opinions about the subject, and hold the subject up to contempt.”⁵

In determining whether a statement is potentially defamatory, the civil court judge must ask:

“whether a reasonable person would be likely to understand the remark as an expression of the source’s opinion or as a statement of existing fact.”⁶

In making this judgment, however, comments must be considered in context.⁷

Unprivileged Publication

A person “publishes” a defamatory statement when:

1. They communicate it to someone other than you (the person the statement is about), and
2. The person it was communicated to does not know it is false.⁸

However, a statement is not defamation if it is privileged, even if it is false. The most common privilege is the “litigation privilege.”⁹

The litigation privilege applies to communications made in the course of judicial proceedings. While it has typically been applied to lawyers, it also extends to instances where a non-lawyer responds to threatened litigation or in anticipation of legal proceedings.¹⁰

Example: A company representative issues a blanket denial of wrongdoing after receiving a threat of legal action even though the representative knows that the company did what it was accused of.

Fault Amounting to at Least Negligence

When you are a private individual, you need only prove that the defendant was negligent in making a false statement. However, if you are a general or limited public figure, you must prove that the statement was made with “actual malice.”¹¹

Actual malice means a statement was made either:

• With the knowledge that the statement was false, or
• With reckless disregard for whether the statement was false or not.¹²

The jury must find actual malice based on “clear and convincing evidence.” Clear and convincing evidence is a higher standard of proof than proof by a preponderance of the evidence (but less than beyond a reasonable doubt).

It is evidence that leaves the jury with a firm belief or conviction that it is highly probable that your factual contentions are true.¹³

The Difference between a “General” and “Limited” Public Figure

General public figures are people who are so famous or notorious that they are considered public figures in all contexts. Examples of general public figures include:

• Celebrities,
• Major league athletes;
• Politicians, and
• Prominent business leaders.

Limited public figures are people who have only achieved fame or notoriety based on their role in a particular public issue. They are considered public figures only to the extent the lawsuit is based on that role. The test is whether the person’s role in a matter of public concern is voluntary and prominent.

Example: A limited public figure is Richard Jewell, who discovered a bomb at the Atlanta Summer Olympics. Because Jewell had granted one photoshoot and ten interviews to the press, an Atlanta trial court ruled that he had voluntarily and prominently become a limited public figure for purposes of reporting related to his background and his role in the clearing of Olympic Park.¹⁴

A company can also be a public figure. For instance, in Nevada, a business open to the public is considered a public figure for the limited purpose of reporting on the quality or condition of its services.¹⁵

Damages

In most defamation cases, you need to prove that you actually suffered damages as a result of the defendant’s defamatory statements. Examples of compensatory damages include (but are not limited to):

• Lost profits,
• Decreased business traffic, or
• Adverse employment consequences.¹⁶

What about Defamation “Per Se”?

You can sue without specific proof of damages for statements that are so damaging that they constitute “defamation per se” in Nevada law. Typically, modern defamation per se cases involve statements that falsely accuse you:

• Of a crime or
• Of a lack of fitness for a particular business, or profession.¹⁷

However, if the statement is directed toward the quality of a product or services (as opposed to your general fitness for a profession), the claim should instead be for business disparagement.¹⁸

3. Free Speech

The First Amendment to the U.S. Constitution provides that the government may not prohibit free speech. However, this right is not absolute.

In the context of a defamation suit, the United States Supreme Court has held that there is “no constitutional value in false statements of fact.”¹⁹ Additionally, the Nevada Constitution provides:

Every citizen may freely speak, write and publish his sentiments on all subjects being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions and civil actions for libels, the truth may be given in evidence to the Jury; and if it shall appear to the Jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted or exonerated. [Emphasis added] ²⁰

4. Defenses

There are numerous defenses available in a Las Vegas defamation case. Some of the most common include:

• The defendant never said anything negative about you;
• The statement was true;
• The statement was not published;
• The statement was not made negligently or with a reckless disregard for the truth;
• The statement was an opinion;
• The statement was obviously exaggerated or a joke;
• The communication was privileged; or
• The statement was false, but it was not defamation per se, and it did not damage you.

5. Business Disparagement

In Nevada, business disparagement is closely related to defamation. To win a lawsuit, you must prove:

1. A false and disparaging statement;
2. The unprivileged publication of that statement by the defendant;
3. Malice; and
4. Special (actual) damages.

Business disparagement differs from defamation in that you must show that the defendant either:

• Had the intent to hurt you financially, or
• Knew the remark was false or acted with reckless disregard for its truth.²¹

Additionally, you must prove that the defendant’s disparaging remarks resulted in an actual economic loss to you.

Also see our article on the Nevada civil claims of

• Intentional interference with contractual relations and
• intentional interference with prospective economic advantage.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Twibel Law: What Defamation and Its Remedies Look like in the Age of Twiter – Journal of High Technology Law.
• Injunctions in Defamation Cases – Syracuse Law Review.
• The Case against Expanding Defamation Law – Alabama Law Review.
• Freedom of Speech, Defamation, and Injunctions – William & Mary Law Review.
• Defamation in the Private Sector: The Libelous and Slanderous Employer – University of Dayton Law Review.

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