Defamation is an act of communication that causes someone to be shamed,
ridiculed, held in contempt, lowered in the estimation of the community,
or to lose employment status or earnings or otherwise suffer a damaged
reputation. Such defamation is couched in 'defamatory language'. Libel
and slander are subcategories of defamation. Defamation is primarily covered
under state law, but is subject to First Amendment guarantees of free speech.
The scope of constitutional protection extends to statements of opinion
on matters of public concern that do not contain or imply a provable factual
assertion.
Libel is published material meeting three conditions:
- the material is defamatory either on its face or indirectly;
- the defamatory statement is about someone who is identifiable to one or more persons; and,
- the material must be distributed to someone other than the offended party; i.e. published, as distinguished from slander.
Under New Mexico law, to establish a claim of defamation by a former employer, the former
employee must prove each of the following:
- The employer communicated the statement to someone other than the
employee;
- The communication contained an assertion of fact;
- The communication was about the employee;
- The statement of fact was false;
- The communication was defamatory;
- The persons receiving the communication understood it to be defamatory;
- The defendant knew that the communication was false, negligently
failed to recognize that it was false, or acted with malice;
- The communication proximately caused actual injury to the employee's
reputation; and
- The employer abused its privilege to publish the communication.
