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 Kansas, defamation is recognized as a false statement of fact that is published, injures another party's reputation, and is made without a legal excuse. Defamation can be categorized as libel if it is written or slander if it is spoken. For a defamation claim to be actionable in Kansas, the statement must be communicated to a third party; a private exchange between two individuals that is not exposed to others does not constitute publication and, therefore, is not considered defamation. The plaintiff must prove that the statement caused damage to their reputation. Defenses against defamation claims in Kansas include truth, which is an absolute defense, and privilege, such as statements made during judicial proceedings. Additionally, a retraction may mitigate damages if it is made promptly and given a similar level of publicity as the defamatory statement. It's important to note that defamation laws are subject to both state statutes and case law, and the specifics can vary depending on the circumstances of each case.