In a defamation case, what must the claimant prove?

In a defamation case, the claimant must prove that the publication is defamatory and refers to them. This means that the statement made must harm the claimant's reputation by lowering them in the estimation of right-thinking members of society, or expose them to ridicule or contempt. Additionally, it must be demonstrated that the statement is about the claimant specifically; this connection is crucial because defamation is concerned with personal reputations.

Proving that the publication is neutral does not support a defamation claim, as neutrality does not imply harm to reputation. Claiming that the statement was made in error does not negate the defamation; a false statement can still be defamatory even if it was made unintentionally. Finally, whether the publication had a third-party audience is not a necessary criterion for proving defamation; the key aspect is the defamatory nature of the statement and its reference to the claimant.

Thus, the requirement for the claimant to establish that the publication is both defamatory and mentions them directly forms the foundation of a successful defamation claim.