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 Utah, defamation is recognized as a false statement of fact that is published, injures someone'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 Utah, the statement must be communicated to a third party; a private exchange between two people that is not exposed to others does not constitute publication and therefore is not considered defamation. The person who has been defamed may seek civil liability for money damages from the person who made the defamatory statement, provided that the statement is not protected by privileges (such as those statements made during judicial proceedings) and there are no valid defenses (like the truth of the statement or a retraction). Utah law requires that the plaintiff prove the statement was false, damaging, and made with the requisite level of fault, which varies depending on whether the plaintiff is a public figure or a private individual.