§ 6.4.4.2 DEFAMATION DEFINED

• Jurisdiction: Arizona

§ 6.4.4.2 Defamation Defined. The definition of "libel" in Arizona is derived from a criminal libel statute, since repealed, and is "any malicious falsehood expressed in writing, painting, or by signs or pictures which tends to bring any person to disrepute, contempt or ridicule . . . " That definition was adopted in Central Arizona Light & Power Co. v. Akers,³⁶ and has been followed ever since. In determining the meaning of words, courts look at the "natural and probable effect upon the mind of an average [listener]."³⁷ To determine whether a communication is defamatory, it must be reviewed as a whole and not out of context.³⁸ The process of determining whether a communication is defamatory is different than determining whether damages can ultimately be recovered, as no actual harm is necessary to make a communication defamatory.³⁹

One may be liable for what one insinuates as well as what one says explicitly.⁴⁰ A defamatory statement can be made in many ways, even by asking a question if the meaning is plain.⁴¹

Although of interest in the common law, there is some doubt as to whether the per se category of defamation is any longer viable. In Gertz v. Robert Welch, Inc.,⁴² the court ruled that presumed damages cannot be awarded, at least with respect to matters of public concern, so there may no longer be any...