Defamation is a false statement of fact that (1) is published; (2) damages or injures the reputation of another party; and (3) is made without legal excuse (defense or privilege). Defamation may be in the form of a written statement (libel) or a spoken statement (slander) and is a tort or legal wrong that may create civil liability (for money damages) for a person who makes a defamatory statement that is not privileged (e.g., made during a judicial proceeding) and for which there is no defense (such as truth or retraction).

To be actionable and subject the person making the statement to liability the statement must be published to a third party. In other words, a written or spoken statement made from one person to another that is not read or heard by a third person (or could not have been reasonably expected by the person making the statement to be read or heard by a third person) is not published and is not defamation.

In Alabama, defamation encompasses both libel (written statements) and slander (spoken statements) that are false, published to a third party, and result in damage to someone's reputation. The statement must be made without any legal justification, such as a privilege or defense. For instance, statements made during judicial proceedings are typically privileged and, therefore, not actionable. Defamation in Alabama is considered a civil wrong, and the injured party may seek monetary damages from the person who made the defamatory statement. To establish a defamation claim, the plaintiff must prove that the statement was published to a third party, meaning it was communicated to someone other than the person it concerns. If the statement was not made in the presence of, or communicated to, a third party, it does not meet the publication requirement and is not considered defamation under Alabama law. Defenses against defamation claims include truth, which is an absolute defense, and retraction, which may mitigate damages.