A Definition of Defamation
Under U.S. law, defamation involves a false statement presented as fact, which:
1.Is communicated or published to someone other than the subject (i.e., it is not entirely private);
2.Causes harm to the subject’s reputation; and
3.Is made with at least negligence, if not actual malice.
Importantly, even semi-private spaces — such as Discord servers — can qualify as “published” environments under defamation law. Courts have recognized that statements made to small groups may still meet the standard of publication. You cannot defame someone “in private” if the content is accessible to a group of third parties, especially one of significant size, such as one hundred people (or more).
In Thelen v. Evening News Ass’n, 89 Mich. App. 718 (1979), the court held that publication occurs when a defamatory statement is communicated to anyone other than the plaintiff — regardless of whether it is formally printed or broadcast. The court further clarified that publication is actionable when the statement is made in a manner likely to damage the plaintiff’s reputation.
Statements such as “They breached contract” or “They refused to communicate with other team members” are examples of factual assertions — not opinions — and are subject to defamation analysis. These are claims that can be proven true or false.
Kerzner has made statements of this nature, and I will address and refute them in the following sections.
Identifiability
Kerzner has repeatedly claimed that she did not name me or Asher in her video content. However, this defense is insufficient under U.S. defamation law, which recognizes identifiability by inference. The “of and concerning” requirement is satisfied when reasonable people familiar with the context can recognize who the statements refer to — even without the use of a legal name or handle.
There are multiple contextual indicators that point directly to me and, by association, my husband:
1.The Kickstarter page for the project lists only two team members.
2.The video references one team member’s spouse.
3.My Kickstarter bio explicitly names my spouse and our company.
4.Within 24 hours of Kerzner’s cancellation video being published (October 4), online users publicly identified both me and my spouse.
These facts demonstrate that third parties — without prompting from us, as we made no public statements immediately after the cancellation (and Asher wouldn't until 15 days after) — could and did recognize us as the subjects of Kerzner’s statements.
I have preserved evidence of this identification. Two social media accounts tagged me directly the day after the video aired, referring to “Liana’s furry henchmen,” clearly signaling that they connected us to the comments made in the video:
Venue of Publication
While Kerzner’s statements were made inside a Discord server accessible via a $1 Patreon subscription, this still constitutes a public or semi-public forum under defamation law. Courts have held that statements shared with a community broader than personal friends, or with a shared professional or commercial interest, can qualify as published.
Kerzner’s server includes approximately 100 members — many of whom are patrons, gamers, and creatives — including individuals with direct ties to my own professional spheres. This increases the potential reputational impact and supports the conclusion that the audience was sufficiently public for defamation analysis.