Section 5.8 Defamatory Statement—Element Two

• Library: Tort Law 2016

B. (§5.8) Defamatory Statement—Element Two

By definition, an action for defamation requires the publication of a defamatory statement. Coots v. Payton, 280 S.W.2d 47, 53 (Mo. banc 1955). To be considered defamatory, words must reflect negatively on a person’s integrity, character, good name, and standing in the community and must tend to expose the person to public hatred, contempt, or disgrace. Id. As noted in an early Supreme Court decision, "[d]efamation includes the idea of calumny, aspersion by lying; the injury of another’s reputation in that way. To defame is to speak evil of one maliciously, to dishonor, to render infamous." Diener v. Star-Chronicle Pub. Co., 135 S.W. 6, 11 (Mo. banc 1911).

Though a precise determinant of what will make a statement defamatory is elusive, a noted commentator of tort law has stated that...