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 Mississippi, defamation is recognized as a false statement of fact that is published, injures another's reputation, and is made without a legal excuse. Defamation can be categorized as either libel, if it is written, or slander, if it is spoken. For a defamation claim to be actionable in Mississippi, the statement must be communicated to a third party; a private exchange between two people that is not overheard or seen by others does not constitute publication. The plaintiff must prove that the statement caused damage to their reputation. Defenses to defamation in Mississippi include truth, which is an absolute defense, and privilege, such as statements made during judicial proceedings. If a defamatory statement is made without any applicable defenses, the person who made the statement may be held civilly liable and required to pay monetary damages. It is important to note that Mississippi law may have specific statutes and case law that further define and regulate defamation claims, and an attorney can provide guidance on the current legal standards and how they may apply to a particular situation.