Guide to Massachusetts Defamation Law

When false statements damage your reputation, the emotional toll can be devastating. You may feel angry, betrayed, and powerless as you watch your personal and professional standing suffer from someone else’s malicious words.

These feelings are entirely valid; defamation strikes at the core of your identity and can impact every aspect of your life, from relationships to career opportunities. While the damage may feel overwhelming, Massachusetts law provides specific remedies to help you fight back and restore your good name.

Under Massachusetts law, defamation requires proving five elements: (1) a false statement of fact, (2) about the plaintiff, (3) published to a third party without privilege, (4) with at least negligence by the defendant, and (5) either causing economic loss or qualifying as defamation per se. Massachusetts distinguishes between private individuals (requiring negligence) and public figures (requiring actual malice), imposes a three-year statute of limitations, and recognizes defenses including truth, opinion, and various privileges. Damages may include presumed, actual, and nominal damages, though punitive damages are not permitted.

What is Defamation Under Massachusetts Law?

Defamation in Massachusetts refers to a false statement of fact that harms someone’s reputation when communicated to a third party without privilege. The state recognizes two forms of defamation:

• Libel: Written or published false statements (including videos, text, photographs, or other media) that damage someone’s reputation
• Slander: Spoken false statements that harm another person’s reputation

Massachusetts courts define defamation as a statement “capable of damaging [a person’s] reputation in the community” that either causes economic loss or is actionable without proof of economic loss. Courts have further described defamation as material “which ridicules or treats the plaintiff with contempt.”

What Are Elements of a Defamation Claim in Massachusetts?

To succeed in a Massachusetts defamation lawsuit, plaintiffs must prove five essential elements:

A Defamatory Statement

The statement must be capable of damaging the plaintiff’s reputation in the community. Massachusetts courts evaluate whether the communication would tend to hold the plaintiff up to scorn, hatred, ridicule, or contempt in the minds of any considerable and respectable segment of the community.

About the Plaintiff

The statement must be “of and concerning” the individual plaintiff. This means either that the defendant intended the words to refer to the plaintiff and they were so understood, or that the defendant’s words could reasonably be interpreted to refer to the plaintiff and the defendant was negligent in publishing them in such a way.

The reference must be clear enough for third parties to identify the plaintiff. In group defamation cases, the individual plaintiff must show they were specifically targeted or part of a small, identifiable group.

Published Without Privilege to a Third Party

The false statement must be communicated to at least one person other than the plaintiff. This “publication” requirement ensures that the statement actually reached others who might form a negative opinion about the plaintiff.

The plaintiff must specifically allege how the defamatory statement was published, as it is not enough to allege that the statement “became known.”

With Fault of at Least Negligence

The level of fault required depends on the plaintiff’s status:

• For private individuals, the plaintiff must prove the defendant acted with negligence (failure to exercise reasonable care)
• For public figures, the plaintiff must prove actual malice (knowledge of falsity or reckless disregard for the truth)

Causing Economic Loss or Qualifying as Defamation Per Se

The plaintiff must either prove they suffered actual economic harm from the statement or show that the statement falls into a category of defamation per se, where damages are presumed.

What Are the Standards For Private vs. Public Figures in Massachusetts?

Massachusetts follows federal precedent in distinguishing between private and public figures in defamation cases, with different standards of proof required for each category.

Private Figures

Private individuals in Massachusetts have greater protection under defamation law. To succeed in a defamation claim, private plaintiffs must prove:

• The defendant communicated a false statement with ordinary negligence (failure to exercise reasonable care)
• The statement caused actual damage to the plaintiff’s reputation or falls into a category of defamation per se

Private figures have not voluntarily placed themselves in the public spotlight and therefore deserve a higher degree of privacy protection.

Public Figures

Massachusetts recognizes several categories of public figures who face a higher burden of proof in defamation cases:

• Public Officials: Government employees who occupy positions with potential for social harm if abused, or who have substantial responsibility for governmental affairs
• Public Figures: Individuals who have assumed roles of special prominence in society (celebrities, politicians, etc.)
• Limited-Purpose Public Figures: Persons who have thrust themselves to the forefront of particular public controversies

Public figures must prove the defendant acted with actual malice when publishing the defamatory statement. This requires showing the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Massachusetts courts use a flexible standard to determine public figure status, considering factors such as:

• The extent to which the position influences issues of public importance
• Special access to media as a means of self-help
• Diminished privacy assumed upon taking the position

What Are Common Defenses to Defamation in Massachusetts?

Defendants in Massachusetts defamation cases can assert several defenses to avoid liability:

Truth

Truth is an absolute defense to defamation in Massachusetts. If the statement in question is substantially true, even if it contains minor inaccuracies, the defendant cannot be held liable.

Massachusetts accepts the doctrine of substantial truth, which acknowledges that minor inaccuracies will not create a false statement if the “gist” or “sting” of the statement is still felt or understood.

Opinion

Statements of opinion that cannot be proven true or false are generally protected from defamation claims. Massachusetts courts apply a contextual approach to determine whether a statement is opinion or fact, looking at:

1. The specific language used
2. The medium in which it was published
3. The social context of the statement
4. The broader context in which the statement was published

For example, in a heated Twitter debate, saying someone was “f#$%ing crazy” was ruled to be a statement of opinion, as it was not claiming the person was suffering from a mental illness.

Privilege

Certain communications are protected by privilege, even if they contain defamatory content:

Absolute Privilege

Statements made during judicial proceedings, legislative sessions, or other official government functions are absolutely privileged in Massachusetts. This protection applies even if the statements were made with malice.

Massachusetts recognizes absolute privilege for:

• Statements made in judicial proceedings
• Communications to legislative committees
• Statements by judges performing judicial functions
• Civil and criminal complaints
• Guardian ad litem reports

Qualified Privilege

Communications made in good faith between parties with a common interest or duty are protected by qualified privilege. This includes:

• Public officials discussing matters of public concern
• Employer references about former employees
• Communications to police related to criminal investigations
• Statements necessary to protect legitimate business interests

Unlike absolute privilege, qualified privilege can be defeated if the plaintiff proves the defendant acted with actual malice or if the publication was excessive, unnecessary, or unreasonable.

Fair Report Privilege

Massachusetts recognizes a privilege for fair and accurate reports of official proceedings and governmental actions. The report can contain minor inaccuracies and still be protected as long as its “gist” or “sting” is true.

What Damages Can Be Recovered for Defamation in Massachusetts?

Massachusetts law recognizes several types of damages in defamation cases:

Presumed Damages

In cases of defamation per se (statements so inherently harmful that damage is presumed), plaintiffs need not prove actual injury. Massachusetts recognizes four categories of defamation per se:

1. Statements constituting libel
2. Statements charging the plaintiff with a crime
3. Statements alleging that the plaintiff has certain diseases
4. Statements prejudicing the plaintiff’s business or profession

However, presumed damages are not allowed when the defamatory material is of public concern, even if actual malice is shown.

Actual Damages

Actual damages compensate the plaintiff for real harm suffered, including:

• Harm to reputation
• Pecuniary out-of-pocket losses
• Lost future wages
• Emotional distress/mental suffering

For mental suffering, the plaintiff can recover for any suffering that would be the “natural result” of the defamation. Corporations may not recover for mental suffering.

Nominal Damages

Massachusetts allows plaintiffs to receive nominal damages for libel if they cannot prove other damages. These symbolic awards (often $1 or $2) acknowledge that a legal wrong occurred even when no financial loss resulted.

Punitive Damages

Massachusetts law does not allow punitive damages in defamation cases.

What Is The Statute of Limitations for Massachusetts Defamation Claims?

Massachusetts imposes a three-year statute of limitations for defamation claims. This means plaintiffs must file their lawsuit within three years of the publication of the defamatory statement.

The clock starts running on the first day of publication, as long as the publication is widely available. For online publications, Massachusetts has adopted the single publication rule, meaning the statute of limitations begins when the defamatory material was first published online.

The discovery rule may apply in certain cases where the cause of action was “inherently unknowable.” Under this rule, the statute of limitations only starts after the plaintiff discovered the injury resulting from the defamatory material, or after it would have become known through reasonable diligence.

Frequently Asked Questions About Massachusetts Defamation Law

Can You Press Charges Against Someone for Making False Accusations in Massachusetts?

While Massachusetts has criminal libel statutes on the books, they are likely unconstitutional and rarely enforced. Defamation is primarily handled through civil lawsuits rather than criminal charges. You can sue for damages by proving the five elements of defamation discussed earlier.

How Difficult is it to Win a Defamation Lawsuit in Massachusetts?

Winning a defamation lawsuit in Massachusetts can be challenging due to several factors:

1. The need to prove all five elements of defamation
2. The three-year statute of limitations
3. Public figures face the additional hurdle of proving actual malice
4. Strong defenses available to defendants, including truth and opinion

Success often depends on having clear evidence of the false statement, its publication, and the resulting harm.

How Long Do Defamation Cases Take in Massachusetts?

Most Massachusetts defamation cases take 12-24 months to resolve. Simple cases with clear evidence may settle in under a year, while complex cases involving anonymous defendants or extensive discovery can extend to several years.

Does Massachusetts Have an Anti-SLAPP Statute?

Yes, Massachusetts has an Anti-SLAPP statute (Mass. Ann. Laws ch. 231, § 59H) that protects defendants from lawsuits intended to silence their exercise of the right to petition. The statute has been interpreted broadly to include not only direct petitioning of government but also encouraging public pressure on government issues.

When a defendant files an Anti-SLAPP motion, the court will dismiss the case unless the plaintiff proves that:

1. The defendant’s exercise of the right to petition lacked any reasonable factual support or legal basis
2. The defendant’s acts caused actual injury to the plaintiff

What Should I Look for in a Defamation Attorney?

When selecting an attorney for your Massachusetts defamation case, look for:

1. Experience with defamation law: Choose an attorney who specializes in defamation cases and understands Massachusetts’ specific legal requirements
2. Digital expertise: For online defamation, seek an attorney familiar with internet platforms, content removal procedures, and digital evidence preservation
3. Track record: Ask about their success rate in similar cases and request references
4. Communication style: Ensure they explain complex legal concepts clearly and keep you informed throughout the process
5. Fee structure: Understand their billing practices and what expenses you might incur

Work With the Massachusetts Defamation Lawyers of Minc Law

If you’re facing defamation in Massachusetts, the experienced attorneys at Minc Law can help protect your reputation and seek appropriate remedies. Our team has removed over 200,000 pieces of defamatory online content and litigated over 350 cases in 26 states and five countries.

When you work with Minc Law, you can expect:

• Courtesy and respect: We understand how invasive and overwhelming false attacks can be and will treat your case with the seriousness it deserves
• Open dialogue and communication: We’ll keep you updated throughout the removal process and promptly respond to your questions
• Results: We’ve worked successfully with numerous website administrators, content managers, and third-party arbitration firms to secure swift and permanent removals

Don’t let defamation control your narrative. Contact Minc Law today at (216) 373-7706 or through our online contact form to get a free case review with our team.