Crime + investigation

What’s the Difference Between Defamation And False Light?

Both terms involve being publicly misrepresented.

Lady Shocked By The Information In The MobileGetty Images/500px Plus
Published: August 07, 2025Last Updated: September 16, 2025

During his time playing the sexy lifeguard Manny Gutierrez on Baywatch in the 1990s, actor Jose Solano Jr. found himself pictured in teen magazines that listed him as one of the world’s most beautiful people.

But he also made news when the adult magazine Playgirl featured him shirtless on its cover with provocative headlines and the implication that he might be found posing naked on the magazine’s inside pages. 

In fact, he was pictured inside—clothed. Solano never posed nude for the magazine. Solano sued the magazine, claiming it portrayed him in a “false light,” harmed his image, resulted in fewer job offers and invitations to charity events and that it humiliated and embarrassed him.

In 2019, rapper Cardi B sued YouTube vlogger Tasha K, born Latasha Kebe, when she published videos alleging Cardi B was a prostitute, abused cocaine and had herpes. Cardi claimed in her defamation suit that Kebe knew the statements were lies, which harmed Cardi B’s reputation and caused her to become suicidal.

How Do False Light and Defamation Differ?

False light is the act of publicly spreading false information about someone intentionally or recklessly. The false statement must be something that an average person would consider objectionable, is highly or outrageously offensive and causes personal harm, such as emotional distress, according to Cornell Law School’s Legal Information Institute

Defamation is a published false statement that is harmful to a person’s reputation. The statement must be published negligently or maliciously. If the alleged victim is a public figure, such as a celebrity, an athlete or a politician, actual malice must also be proven. Libel is a written form of defamation while slander is spoken defamation.

Defamation cases require proof of financial loss, such as business losses, caused by the false statement or statements. False light must show evidence of emotional harm.

How Are Defamation Cases Created and Judged?

Defamation and false light cases are civil matters, not criminal offenses, meaning alleged victims must file lawsuits against the alleged offenders. The cases are then decided in court or lawyers for both sides settle them without a decision by a judge or jury. 

In defamation cases, damages can range from $1 to millions. Plaintiffs can seek special damages as compensation for lost income and earning capacity, including benefits like health insurance, pension and retirement contributions, as well as loss of customers and business opportunities. 

Attorneys also can argue for general damages, such as emotional distress and public humiliation and punitive damages, which are designed to punish the person found liable.

Thirty-three states require people pursuing defamation cases to ask media companies for retractions of false statements as a condition to claim damages. False light cases can also result in judgments against the people being sued.

Some states allow plaintiffs to sue for defamation and false light in the same lawsuit, while other states allow false light claims only for people suing for defamation. Colorado, Florida, North Carolina, Texas and Virginia do not recognize false light for lawsuits.

Outcomes in Cardi B and Jose Solano Jr.’s Cases

At trial in 2022, Tasha K admitted in testimony that she knowingly published lies to generate money for her business. 

Jurors ruled in favor of Cardi B, ordering Tasha K to pay her approximately $4 million, which resulted in Tasha K filing for bankruptcy. In February 2025, Cardi B and Tasha K reached a $1.2 million settlement for the vlogger to pay over five years.

In the Solano case, Playgirl contended he was a public figure and that the magazine had a right to use his image. A federal district judge agreed, ruling in 2001 that Solano failed to show that Playgirl knowingly created a false impression about what readers might find about him in the magazine. 

The U.S. 9th Circuit Court of Appeals, however, reversed the decision, saying Playgirl’s suggestive cover could have created a false impression that the actor was pictured naked inside. The U.S. Supreme Court declined to hear Playgirl’s appeal. The case was returned to the district court for trial and Playgirl ultimately paid a confidential settlement to Solano in 2004.

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Citation Information

Article title
What’s the Difference Between Defamation And False Light?
Website Name
A&E
Date Accessed
September 25, 2025
Publisher
A&E Television Networks
Last Updated
September 16, 2025
Original Published Date
August 07, 2025
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