§ 14-21 Defamation - Specific Charge on Damages

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 14-21 Defamation - Specific Charge on Damages

The very essence of an action for defamation is that the plaintiff has suffered damage as a result of the injurious effect of the defamation upon his reputation. Actual proof of damages is not required if the defamation is actionable per se.

If a defamation is actionable per se, then the law presumes the defendant acted with common law actual malice and that the plaintiff suffered general damages. Such defamation is actionable without proof of special damages. Words actionable per se carry with them the presumption that actual damage to reputation and character directly and proximately resulted therefrom, and it is not necessary to allege or prove any actual or special damages. If a defamation is not actionable per se, then at common law the plaintiff must plead and prove common law actual malice and special damages.

Where a plaintiff is entitled to recover actual damages for the injury the statement has caused him, these damages include:

(1) injury to reputation and standing in the community;
(2)

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