Can jokes be defamatory?

Paper cut outs of question marks strewn around a desk next to a hand holing a pen

Every week, Student Press Law Center attorneys answer a frequently asked question about student media law in “Legal Question of the Week.”


Q: Can jokes be defamatory?

A:
Not if the audience knows it’s a joke. The law makes clear that if a “reasonable person” understands a statement is not intended to be taken seriously it cannot be defamatory. 

Subtle humor — especially in a student newspaper that just does humor once a year on April Fools Day — can get you in trouble. 

Only publishing jokes or other material that are clearly jokes, substituting a new, funny name for a spoof issue of the paper and including an unambiguous, clearly visible disclaimer can all help avoid libel and other legal trouble by alerting readers that you’re not reporting news, you’re having fun. 

Every week, Student Press Law Center attorneys answer a frequently asked question about student media law in “Legal Question of the Week.”