What constitutes "defamation" under Ohio law?

Under Ohio law, defamation is defined as a false statement presented as a fact that injures a person's reputation. This definition encompasses both written statements (libel) and spoken statements (slander). For a statement to qualify as defamatory, it must be false and must harm the reputation of an individual in a way that a reasonable person would consider damaging. It is essential that the false statement is made to a third party, as defamation inherently involves an element of communication directed at someone other than the subject of the statement.

The requirement for the statement to be presented as a fact distinguishes defamation from opinion, which, even if negative, is typically protected under free speech principles. Moreover, the impact on the individual's reputation is crucial—merely making a false statement is not sufficient; it must also result in harm to the person’s standing in the community.

Other options do not meet the criteria established under Ohio law. For example, true statements, regardless of the emotional distress they might cause, do not constitute defamation. Similarly, statements made in jest or humor may lack the seriousness necessary to be defamatory, especially if they do not harm the individual's reputation significantly. Finally, a retracted statement may mitigate damages but does not eliminate the potential for liability