“Defamation is an invasion of the interest in reputation. The tort involves the intentional publication of a statement of fact that is false, unprivileged, and has a natural tendency to injure or which causes special damage.” (Smith v. Maldonado (1999) 72 Cal.App.4th 637, 645.)
“Defamation is effected by either of the following: (a) Libel. (b) Slander.” (Civ. Code § 44.) “Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.” (Civ. Code § 45.) “Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which:
- Charges any person with crime, or with having been indicted, convicted, or punished for crime;
- Imputes in him the present existence of an infectious, contagious, or loathsome disease;
- Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;
- Imputes to him impotence or a want of chastity; or
- Which, by natural consequence, causes actual damage.”
(Civ. Code § 46.)
In defamation actions, “general damages are allowed for loss of reputation, shame, mortification and hurt feelings …” (Gomes v. Fried (1982) 136 Cal.App.3d 924, 939.) Substantial damages may be awarded without any proof of economic harm or even emotional distress. (Smith v. Superior Court (1984) 151 Cal.App.3d 491, 500-501 [“slander per se is presumed to cause damage and plaintiff may recover for her hurt feelings, mental suffering and humiliation without proving any out of pocket loss.” (Schomer v. Smidt (1980) 113 Cal.App.3d 828, 834; see also Contento v. Mitchell (1972) 28 Cal.App.3d 356, 358 [“it is equally well-settled that in an action for damages based on language defamatory per se, damage to plaintiff’s reputation is conclusively presumed and he need not introduce any evidence of actual damages in order to obtain or sustain an award of damages.”].)
