Speak With A Defamation Lawyer Near You
A person’s reputation can take years of hard work to build and only moments to damage. False accusations that are shared online, in person, through email, or across social media can affect a person’s employment opportunities, business relationships, professional licenses, and personal standing within the Colorado Springs community. While many people casually use the term “defamation” whenever they feel that another individual has insulted or criticized them, not every negative statement qualifies as defamation under Colorado law.
At Rodemer Kane Criminal Defense Lawyers, our Colorado Springs criminal defense attorneys help clients understand their rights when they are facing allegations involving false statements, reputational harm, false accusations, and related criminal offenses. Whether someone has been accused of making defamatory statements or has become the target of a defamation lawsuit, understanding how Colorado law treats defamation is important.
What Is the Legal Definition of Defamation?
Defamation occurs when a person uses language that directly or indirectly implies a false statement of fact about another person to a third party, and that statement subsequently causes harm to the individual’s reputation. To be successful in a defamation claim, the statement that was made generally must be more than simply offensive or insulting to the individual. The defamatory statement must be presented as a fact rather than a personal opinion, and it must be false in all senses. Colorado law recognizes two primary forms of defamation:
What Is Libel?
Libel is a type of defamation that involves defamatory statements that appear in a written or recorded form, including:
- Social media posts
- Online reviews
- Newspaper articles
- Blog posts
- Emails
- Text messages
- Photographs with false captions
What is Slander?
Slander is another type of defamation that involves spoken defamatory statements, such as:
- False verbal accusations
- Statements made during meetings
- Rumors spread in the workplace
- False allegations communicated to customers, coworkers, or community members.
Both libel and slander may cause the person it is against to pursue legal consequences when the required elements are present under Colorado Law.
Elements of a Defamation Claim in Colorado
To establish a defamation claim in Colorado, a plaintiff must demonstrate to the court that:
- A false statement was made.
- The statement was communicated to someone other than the person being discussed.
- The statement was presented as fact and not an opinion.
- The statement caused reputational harm or other damages.
- The speaker acted with the required degree of fault.
Simply being offended, embarrassed, or upset about something that has been said or put on social media is not enough to be considered defamation under Colorado law. The law focuses on false factual assertions that cause measurable reputational damage.
Common Examples of Statements That May Be Considered Defamation in Colorado
There are situations in which false statements, whether slander or libel, can give rise to legitimate defamation claims in Colorado. Common examples of false statements include, but are not limited to, the following.
False Criminal Accusations
Falsely telling other individuals that a person committed a crime may constitute defamation, including claiming that someone committed:
- Theft
- Fraud
- Assault
- Embezzlement
- Another crime
Examples of this can include:
- Claiming a coworker stole company funds when no theft occurred
- Posting online that a business owner was arrested when that never happened
- Accusing a neighbor of drug trafficking without evidence
False Professional Allegations
A person’s livelihood and reputation can be damaged when false statements attack their professional abilities or their legitimate business. Common examples of this include:
- Claiming a doctor lost a medical license when they did not
- Falsely stating an attorney was disbarred
- Telling customers that a contractor routinely commits fraud
False Claims About Serious Misconduct
Statements alleging that a person engaged in sexual misconduct, abuse, fraud, corruption, or unethical behavior may cause the speaker to be liable if the allegations are false and affect the person’s reputation or income.
What Is Defamation Per Se?
Some false statements are considered to be so damaging under Colorado law that harm is presumed. This concept is legally referred to as defamation per se. Common examples of defamation per se in Colorado include false statements alleging:
- Criminal activity
- Serious professional incompetence
- Certain serious diseases
- Conduct that would damage a person’s profession or business
In these types of cases, the plaintiff, who is the person against whom the false statements were made, may not need to prove specific financial losses they have faced because the law presumes the statement caused reputational harm.
Common Misconceptions About Defamation
One of the most common misconceptions when it comes to defamation is that any negative statement made about an individual is defamatory. In reality, many statements that are made about individuals are protected by both state and federal law. Common misconceptions about negative statements that are made against an individual include the following.
Opinions About An Individual
Opinions that are expressed about an individual generally cannot form the basis of a defamation claim in Colorado. Examples of opinions can include:
- “I think that restaurant has terrible food.”
- “I don’t trust that company.”
- “That movie was awful.”
These statements express personal views rather than trying to push false statements as factual claims.
True Statements
Truth is one of the strongest defenses to a defamation claim. Even if a statement hurts someone’s reputation or their personal feelings, it is generally not defamatory if it is substantially true. Colorado courts focus on whether the overall substance of the statement is accurate when they look at the various aspects of a defamation case.
Fair Criticism and Reviews
Consumers are generally allowed to share their honest and factual experiences about businesses, products, and services, even if they are negative. Examples include:
- Giving a one-star review based on a genuine experience
- Complaining about poor customer service
- Describing factual events that occurred during a transaction
Problems arise when a reviewer invents or makes up statements that are presented as facts that never happened.
Hyperbole and Insults
Many statements are viewed as rhetorical exaggerations rather than factual allegations. Examples include:
- “He’s the worst boss on earth.”
- “That contractor is a complete disaster.”
- “She’s impossible to work with.”
While it may be considered rude, these statements are generally understood as subjective opinions rather than factual assertions and aren’t considered to be defamation under Colorado law.
Statements That Are Protected by Privilege
Colorado law recognizes certain situations in which statements are protected by law.
- Judicial Proceedings – Statements that are made during court proceedings often receive absolute privilege. This legal protection allows witnesses, attorneys, judges, and litigants to participate in legal proceedings without fear of facing constant defamation lawsuits.
- Legislative Proceedings – Statements that are made during legislative activities may also receive protection.
- Qualified Privilege – Some communications receive qualified privilege, which protects speech when made in good faith for legitimate reasons. Examples include:
- Employment references
- Internal workplace investigations
- Reports to law enforcement
- Certain communications among business partners
The protection of speech may be lost if the speaker acts with malice or knowingly makes false statements to a court or law enforcement.
Criminal Offenses Related to False Statements
Many people are surprised to learn that Colorado law does not generally prosecute ordinary defamation as a standalone criminal offense. Most defamation claims are handled through civil lawsuits that seek monetary damages for the effect the statements had on the plaintiff’s finances or personal and professional reputation. However, false statements can still lead to criminal charges when they cross into other unlawful conduct. Common examples of this crossover may include:
- False reporting to law enforcement
- False reporting of emergencies
- Perjury
- Witness tampering
- Harassment
- Stalking
- False information provided during criminal investigations
For example, knowingly making a false police report while making defamatory statements against an individual can result in misdemeanor or felony penalties depending on the circumstances and resulting harm.
Colorado Statutes Frequently Used In Defamation Cases
There are several Colorado statutes that commonly arise in defamation-related matters.
C.R.S. § 13-80-103
Colorado imposes a one-year statute of limitations for libel and slander claims to be pursued. This means a civil defamation lawsuit generally must be filed within one year of the allegedly defamatory publication.
C.R.S. § 13-25-125.5
Colorado law requires publication of the allegedly defamatory statement to someone or somewhere other than the person being discussed. A statement, whether verbal or in writing, that remains private between two individuals generally will not be supported in a defamation claim.
Consequences of a Defamation Finding
A successful defamation claim in Colorado can result in significant consequences for the defendant. Potential outcomes may include:
- Compensatory damages
- Lost income damages
- Business losses
- Damage to professional reputation
- Emotional distress damages
- Punitive damages in some cases
- Court orders requiring the removal of defamatory content
The financial impact of a defamation case on a defendant can be substantial, particularly when accusations affect a person’s professional career or business operations. In addition to legal liability, individuals accused of making defamatory statements often face personal and professional consequences that can continue to affect them long after litigation ends.
How Rodemer Kane Criminal Defense Lawyers Can Help
False statements and accusations can quickly evolve into criminal investigations, workplace discipline, professional licensing issues, and civil litigation in Colorado. When allegations against an individual involve false statements, online communications, police reports, or conduct that may expose someone to criminal charges, having an experienced defamation lawyer by your side becomes important.
At Rodemer Kane Criminal Defense Lawyers, our Colorado Springs defense attorneys represent individuals who are facing criminal allegations that may stem from them making:
- False accusations
- Witness disputes
- Online communications
- Harassment allegations
- False reporting investigations
- Other reputation-related matters
We examine the facts, evaluate available defenses, protect our clients’ constitutional rights, and work to minimize the impact these allegations can have on their future.
Whether a case involves accusations of making false statements, disputes over online posts, or criminal charges connected to reputational harm, our legal team is prepared to provide strong and strategic representation.