Defamation Laws in NJ

Although the United States Constitution, as well as the Constitution of New Jersey, guarantees  a right to free speech, there exists a common law principle in New Jersey that every man has the right to his good name, free from unjustified smears. Because of this, a speaker or writer is held liable for a false and defamatory statement, regardless of fault.  Defamatory statements are considered false, and a speaker or writer has the burden of proving the truth of a challenged statement. The standard of proof in a defamation claim may be actual malice, when the claim involves matters of public interest, or negligence, when the speech does not involve matters of public concern.

The State of New Jersey has found that when speech involves matters of public interest, it is protected by the common law privilege of fair comment. Fair comment is a defense to a defamation action, when the words are a fair comment on a matter of public interest or concern. To overcome the fair comment defense, a Plaintiff must prove actual malice, or that the speaker or writer knew the statement to be false or acted in reckless disregard to its truth or falsity. Actual malice must be proven by clear and convincing evidence. In determining whether speech involves a matter of public interest or concern, the Court relies on the common law. When judging how to apply the common law in new circumstances, and the degree to which speech deserves protection, the Court considers the public interest in the free and uninhibited flow of information, the speaker's ability to exercise due care, and the individual's need for legal recourse if his good name is subject to false and defamatory verbal attacks. Speech that does not involve matters of public concern requires that greater weight be placed on an individual's interest in his reputation. In such cases, negligence is the appropriate standard of care. The standard of proof in a negligence claim is a preponderance of the evidence.

Defamation laws in NJ provide redress for a party whose reputation has been damaged by a false and defamatory statement negligently made by a speaker or writer. The action is based in common law, and in deciding defamation cases, the Courts attempt to balance a person’s right to free speech with a person’s right to his good name.  

Sources:

Senna v. Florimont, 958 A.2d 427,  (N.J. Super. 2008)

Costello v. Ocean County Observer, et al., 643 A.2d 1012, (N.J. Super 1994)

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