W.J.A. v. D.A.
A-0762-09T3 09-27-10
In this appeal from the grant of summary judgment
dismissing plaintiff's defamation action, we determine whether
Internet postings by defendant accusing plaintiff of sexually
molesting him and another male are the type of defamatory
statements for which damages may be presumed and therefore do
not require proof of actual harm to reputation. The motion
judge concluded that although the Internet postings were
defamatory per se, the statements were akin to libel rather than
slander, and as such, plaintiff was required to prove actual
injury to reputation, which plaintiff admittedly had not done.
We reversed. Although acknowledging a trend away from the
notion of presumed damages in defamation cases, we concluded
that existing law in this state still remains that actionable without proof of actual harm to reputation.
