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Libel: Identification

Plaintiffs must prove that the alleged defamatory publication refers to them. This element of a libel lawsuit often is referred to as the "of and concerning" principle: there can be no liability if the statement at issue is not proven to be "of and concerning" the plaintiff.

Governmental entities cannot bring libel claims, nor can members of large groups (usually 25 or more). However, if the statement at issue can be interpreted as referring to a particular person in a group, that person can sue. Also, if the offending information pertains to a majority of the members of a small group, any member of the group has standing to sue.

A corporation may bring a libel claim if the alleged defamatory statement raises doubts about the honesty, credit, efficiency or prestige of that business. However, if the statements refer only to corporate officers, the corporation cannot litigate on their behalf.

Next section: Libel: Harm