Defamation of Character in Utah: A Legal Guide

Defamation can be devastating, ruining reputations, relationships, and livelihoods in an instant. If you’ve been defamed in Utah, you likely feel angry, betrayed, and powerless. But you don’t have to suffer in silence. Utah law provides robust protections and remedies for defamation victims. In this comprehensive guide, we’ll explain everything you need to know about your rights and options for fighting back against false and malicious attacks on your character.

In Utah, defamation of character occurs when a false and unprivileged statement of fact is negligently or maliciously communicated to a third party, harming the subject’s reputation. Spoken defamation is called slander, while defamation in writing or other fixed medium is called libel. To prove your case, the statement must be 1) false, 2) defamatory, 3) concerning the plaintiff, 4) published to a third party, and 5) causing damages. Plaintiffs must show at least negligence for private figures or actual malice for public figures. Defenses include truth, opinion, and privilege. Plaintiffs may recover presumed, actual, and punitive damages if they file suit within 1 year.

What is Defamation Under Utah Law?

Defamation in Utah refers to false statements that harm another person’s reputation. Utah courts recognize two forms of defamation: libel and slander. Libel refers to written or published defamatory statements, including those appearing in newspapers, magazines, online posts, or any other permanent medium. Slander, on the other hand, involves spoken defamatory statements, such as verbal accusations or rumors.

Utah defamation law aims to balance two competing interests: protecting individuals from reputational harm while preserving the constitutional right to free speech. This balance is reflected in Utah’s defamation statutes and case law, which have evolved significantly over time.

Under Utah law, not all harmful statements qualify as defamation. To be legally actionable, a statement must be:

1. A statement of fact (not opinion)
2. False
3. Communicated to a third party
4. Harmful to reputation

Utah courts have consistently held that mere insults, hyperbole, or statements of opinion generally do not constitute defamation. Expressions of pure opinion, no matter how derogatory, typically receive constitutional protection.

What Are the Elements of a Defamation Claim in Utah?

To succeed in a defamation lawsuit in Utah, a plaintiff must prove several specific elements:

1. False Statement of Fact

The statement in question must be factual in nature and demonstrably false. Utah courts distinguish between statements of fact, which can be proven true or false, and statements of opinion, which generally cannot. Utah courts have clarified that statements must be provably false to be actionable.

2. Defamatory Nature

The statement must be defamatory, meaning it would tend to harm the reputation of the plaintiff in the eyes of a reasonable person. Utah recognizes certain categories of statements as defamatory per se, meaning they are presumed harmful without requiring proof of actual damage:

• Allegations of criminal conduct
• Allegations of having a loathsome disease
• Allegations that harm a person in their profession, trade, or business
• Allegations of serious sexual misconduct

For example, falsely accusing someone of theft, fraud, or professional incompetence would typically qualify as defamation per se in Utah.

3. Of and Concerning the Plaintiff

The defamatory statement must be about the plaintiff specifically. If a reasonable person would not identify the plaintiff as the subject of the statement, this element fails. Group defamation claims are generally difficult to maintain unless the group is small enough that the statement could reasonably be understood to refer to each member individually.

4. Publication to a Third Party

The defamatory statement must be communicated to at least one person other than the plaintiff. This “publication” requirement can be satisfied through any form of communication, including verbal statements, written documents, social media posts, or broadcast media. Even private communications can satisfy this element if they reach a third party.

5. Fault (Negligence or Actual Malice)

The plaintiff must prove the appropriate level of fault, which varies depending on whether the plaintiff is a public or private figure (discussed in detail below). For private figures, negligence is typically sufficient, while public figures must prove actual malice.

6. Damages

Unless the statement constitutes defamation per se, the plaintiff must prove actual damages resulting from the defamatory statement. These may include harm to reputation, emotional distress, lost business opportunities, or other quantifiable losses.

What Are the Standards for Private vs. Public Figures?

Utah follows the federal constitutional framework established in New York Times Co. v. Sullivan (1964) and subsequent cases, which creates different standards of proof depending on the plaintiff’s status:

Private Figures

For private individuals—those who are not public officials or public figures—Utah requires proof that the defendant acted with at least negligence in making the false statement. This means the plaintiff must show the defendant failed to exercise reasonable care in verifying the truth of the statement before publishing it.

Utah courts have held that private plaintiffs need only prove negligence rather than the higher standard of actual malice.

Public Figures

Public figures in Utah must meet a higher standard of proof. They must demonstrate that the defendant acted with “actual malice,” meaning the defendant:

1. Knew the statement was false, or
2. Acted with reckless disregard for whether it was true or false

Public figures include:

• Public Officials: Government officials and employees whose positions have substantial responsibility or control over governmental affairs
• All-Purpose Public Figures: Individuals who have achieved such pervasive fame or notoriety that they are public figures for all purposes
• Limited-Purpose Public Figures: Individuals who have voluntarily thrust themselves into a particular public controversy to influence its resolution

Utah courts recognize that determining public figure status requires a case-by-case analysis of the plaintiff’s role in public affairs.

What Are Common Defenses to Defamation in Utah?

Defendants in Utah defamation cases have several potential defenses available:

Truth

Truth is an absolute defense to defamation in Utah. If the defendant can prove that the allegedly defamatory statement is substantially true, the plaintiff’s claim will fail regardless of the defendant’s motives or the harm caused. The Utah courts have consistently held that true statements, no matter how damaging, cannot form the basis of a defamation claim.

Opinion and Fair Comment

Statements of pure opinion that do not imply false facts are protected under both the Utah Constitution and the First Amendment. Utah courts apply a multi-factor test to distinguish between fact and opinion, considering:

• The statement’s specific language
• Whether the statement is verifiable
• The broader context of the statement
• The broader social context

Utah courts have emphasized that statements on matters of public concern that cannot be proven false receive constitutional protection.

Privilege

Utah recognizes several types of privilege that can immunize otherwise defamatory statements:

Absolute Privilege

Statements made in certain contexts receive absolute immunity from defamation claims, regardless of the speaker’s motives or the statement’s falsity. In Utah, absolute privilege applies to:

• Statements made during legislative proceedings
• Statements made during judicial proceedings
• Statements made by executive officials in the course of their duties
• Communications between spouses

Qualified Privilege

Qualified privilege protects statements made in good faith on subjects in which the speaker has a legitimate interest or duty. This privilege can be defeated if the plaintiff proves the defendant abused the privilege by acting with actual malice. Examples include:

• Employer references about former employees
• Credit reporting
• Business communications about matters of mutual interest
• Reports to law enforcement

Statute of Limitations

Utah’s one-year statute of limitations for defamation claims (Utah Code § 78B-2-302(4)) serves as a complete defense if the plaintiff fails to file within the statutory period.

Section 230 Immunity

For online defamation, Section 230 of the Communications Decency Act provides immunity to internet service providers and website operators for content posted by third parties. This federal law preempts state defamation claims against platforms that merely host defamatory content created by users.

What Damages Can Be Recovered for Defamation in Utah?

Utah law permits several types of damages in defamation cases:

Presumed Damages

For defamation per se, damages to reputation are presumed without specific proof. This means the plaintiff can recover compensation even without evidence of actual financial loss. However, the plaintiff must still present evidence regarding the appropriate amount of damages.

Actual Damages

Plaintiffs can recover for actual harm caused by the defamation, including:

• Damage to reputation
• Emotional distress and mental suffering
• Lost earnings or business opportunities
• Out-of-pocket expenses to mitigate the harm

Utah courts require that actual damages be proven with reasonable certainty, though precise calculation is not required.

Punitive Damages

In cases involving actual malice or particularly egregious conduct, Utah allows punitive damages. Under Utah Code § 78B-8-201, punitive damages require clear and convincing evidence that the defendant’s conduct was willful and malicious or manifested a knowing and reckless indifference toward the rights of others.

Injunctive Relief

In limited circumstances, Utah courts may grant injunctive relief to prevent future defamation. However, such prior restraints on speech face significant constitutional hurdles and are rarely granted.

What is the Statute of Limitations for Utah Defamation Claims?

Utah imposes a strict one-year statute of limitations for defamation claims under Utah Code § 78B-2-302(4). This means plaintiffs must file their lawsuit within one year from the date the defamatory statement was published.

Utah generally follows the “single publication rule,” meaning the statute of limitations begins running when the statement is first published, not when the plaintiff discovers it. However, for online defamation, some Utah courts have recognized the “discovery rule,” which may toll the statute of limitations until the plaintiff reasonably should have discovered the defamatory statement.

Republication of a defamatory statement may start a new limitations period, but merely accessing previously published material typically does not constitute republication under Utah law.

Frequently Asked Questions

What effect has the Internet had on free speech?

In Utah, no court has officially ruled that internet speech should be entitled to greater protection than other types of speech.

However, strict rules for allowing subpoenas to uncover anonymous internet identities do reflect a court’s desire to acknowledge the internet as an unprecedented democratic forum, advancing the free exchange of ideas. And, as such they should be “carefully safeguarded First Amendment rights to speak anonymously.”

Additionally, in the context of the defense of opinion, courts may favor finding for the defendant. The United States is generally considered a pro-defendant jurisdiction for defamation due to its upholding of the First Amendment – as opposed to European and other Commonwealth countries which are seen as more plaintiff-friendly.

In Westmont Residential LLC v. Buttars, statements made online by a tenant alleging that her previous landlords were “crooks and will take advantage of you!” was not found to constitute defamation per se because of its context of being posted on an online forum where readers would perceive the word “crooks” to be no more than rhetorical hyperbole. Also, the statement could merely be a reference to crooked behavior, which is not a direct violation of the criminal code.

Can I bring a libel or slander lawsuit against a party who is out-of-state?

Yes. Utah has laid the framework for bringing a libel or slander lawsuit against out-of-state publishers and parties in several cases.

Most notably, they’ve ruled on bringing a defamation action against out-of-state defendants who defamed a business, which is discussed in Section 2 “Important Utah Defamation Requirements & Formalities.”

Can I retract, correct, or clarify a defamatory statement before litigation begins?

Although defendants may retract defamatory statements and publications prior to litigation, an apology is no defense to a cause of action after the defamation has already taken place. However, it may affect the award of damages to the plaintiff.

Are Utah newspapers required to correct previously made & published false statements?

Utah Code Ann. Sec. 45-2-1, 1.5 requires newspapers to follow procedures for correcting false statements previously made in certain circumstances, upon demand of the person affected.

Utah law does however limit recovery to actual damages in the case of a good faith statement, publication or broadcast.

Such law does not apply to libel against any candidate for public office unless the retraction of the charge was made editorially and in a conspicuous manner at least five (5) days before the holding of such election, primary or political convention in case.

If such libelous article was published in a daily paper, or in a weekly paper, at least three days before the holding thereof (of the election), which editorial retraction shall be in lieu of any other retraction herein provided for.

Does Utah have criminal defamation laws?

Yes. Utah does have criminal libel and slander laws. “A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.”

Although Utah does have criminal defamation laws in their books, in 2002, the criminal libel statute was declared overbroad and unconstitutional because it infringed constitutionally protected speech by punishing false statements about public figures made without knowledge or recklessness and true statements about public figures.

It’s worth noting that at the Federal level, there are no criminal defamation laws, because in 1966, the common law cause of action was declared unconstitutionally vague, leading to a rare enforcement of criminal defamation at the state-level.

Does Utah have Anti-SLAPP laws?

Short for “strategic lawsuit against public participation,” a SLAPP lawsuit is a meritless lawsuit filed against a person(s) in order to intimidate, scare, censor, or burden them with excessive legal costs.

In 2001, Utah enacted Anti-SLAPP legislation, titled the “Citizen Participation in Government Act,” protecting comments made by defendants while participating in the process of government.

The Utah Supreme Court ruled that participation in the process of government is limited to exercise of a right to influence legislative or executive decision making. Also, a publisher’s “election notice,” although part of public debate to influence voters’ decision, was determined not to influence the decision making of the legislative or executive branches of government.

For example, an “election notice” published on a newspaper’s website, accusing an election candidate of “negative campaigning” and distributing “false and misleading information,” was not protected by Anti-SLAPP legislation because it did not influence legislative or executive decision making participation in the process of government.

Work With the Utah Defamation Lawyers of Minc Law

If you’re a resident of Utah, or any other U.S. state, the defamation removal lawyers of Minc Law want to work with you to swiftly and permanently remove any defamation targeting you or a loved one. At Minc Law, we have extensive experience in this area of law and have litigated defamation cases in over 26 states and 5 countries, and have secured hundreds of removals.

Here’s what you can expect when working with Minc Law:

• We will treat you with respect & courtesy: At Minc Law, we know online defamation is highly invasive and can be incredibly stressful. our defamation lawyers are here to work with you. After all, your goals are our goals.
• Communication: After the removal process has commenced, we will stay in constant contact with you to update you on the details of your removal. At Minc Law, we pride ourselves on our open communication.
• We get results: We know who to work with and how to contact them. Our lawyers have worked closely with website administrators, content managers, and third-party arbitration firms to secure countless swift and effective takedowns. Websites and businesses respond to Minc Law.

If you are the target of defamatory attacks, we can help hold the perpetrators accountable. We fight for our clients using both litigation (lawsuits) and non-litigation alternative methods. Contact us today to schedule your free, initial no-obligation case evaluation by calling us at (216) 373-7706, or by filling out the form below.