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 South Carolina, defamation encompasses both libel (written statements) and slander (spoken statements) that harm another's reputation. For a statement to be considered defamatory, it must be a false statement of fact that is published to a third party, causes damage to someone's reputation, and is made without a legal excuse or privilege. Publication means that the statement was communicated to someone other than the person it's about. Defamation is a civil wrong, and the injured party may seek monetary damages from the person who made the statement. Defenses against defamation claims in South Carolina include truth, which is an absolute defense, and privilege, such as statements made during judicial proceedings. If a defamatory statement is not privileged and no defenses apply, the person who made the statement may be held liable in a civil lawsuit.