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 Ohio, defamation is recognized as a legal claim when a false statement of fact is published, injures someone's reputation, and is made without a legal excuse. Defamation can be categorized as either libel, if the statement is written, or slander, if it is spoken. For a defamation claim to be actionable in Ohio, the statement must be communicated to a third party; a private statement between two people that is not exposed to others does not meet the publication requirement. The plaintiff must prove that the statement caused damage to their reputation. Defenses against defamation include truth, privilege (such as statements made during judicial proceedings), and retraction. Ohio law may also recognize other defenses or privileges based on the context of the statement. If a defamatory statement is not protected by a defense or privilege, the person who made the statement may be held liable for civil damages.