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 North Dakota, 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 either libel, if it is written, or slander, if it is spoken. For a defamation claim to be actionable in North Dakota, the statement must be communicated to a third party; a private statement between two people that is not overheard or seen by others does not constitute publication and therefore is not considered defamation. The person who has made the defamatory statement may be held civilly liable for money damages if the statement is not protected by a privilege, such as those statements made during judicial proceedings, and if there is no valid defense, like the truth of the statement or a retraction. North Dakota law requires that the plaintiff prove the statement is false, caused damage, and was made without privilege or defense to succeed in a defamation lawsuit.