Defamation can take the form of libel or slander. Slanderous statements are verbal, while libelous comments are written. Unlike slander, libel can be spread through any medium (blog comment, speech, or television broadcast).
Are you familiar with the term seditious libel? In 1798, the Sedition Act made printing lies about the government, the president, or Congress illegal. In a later decision, the Supreme Court modified this rule to hold that a statement against a public figure is only libelous if it is deliberately false or made with a reckless disregard for the truth.
Examples of Libel
Social media has multiplied the chances of libel. But in the United States, the media is one of the most significant sources of libel. You'll find many libel claims filed against professional publications if you Google active libel cases.
Libel cases must contain both false and untrue information for them to succeed. Libel cases can be per se or per quod. Libel, per se, refers to content that defames someone's character outright.
Per quod means "undercover" in Latin, and libel per quod refers to situations in which the contents are unclear but serve to defame an individual. It is much easier to prove and prosecute libel per se cases.
Public figures and celebrities are often targets of libel. They are less likely to win libel suits than ordinary people because the courts find public figures less deserving of reputation protection.
Here are a few famous libel cases:
J.K. Rowling vs. The Daily Mail: According to the bestselling author, the Daily Mail falsely accused her of lying in a charity article she wrote.
Russell Brand vs. The Sun: An article in the publication stated that the actor had cheated on his then-girlfriend, Jemima Khan, in November 2013.
Kate Winslet vs. The Daily Mail: The Daily Mail falsely claimed that Winslet lied about her workout routine, which she accused them of falsifying. According to reports, £25,000 was paid out.
Rebel Wilson vs. Bauer Media: As a result of her lawsuit against Bauer Media, Rebel Wilson was awarded an amount of AUD 4.7 million in September 2017.
Examples of Slander
The act of oral defamation involves making untrue statements about another person that causes quantifiable damage. Slander is most common at work because false statements can hurt someone's career. Examples include:
- Business owners could be defamed if they did not participate in unethical and illegal activities
- Accusing a colleague of tax defaults
- Accusing someone of incompetence could cost them their job or lead to ridicule or contempt
- Falsely accuse a coworker of sexual harassment
Defense for Defamation
Some victims may send a cease-and-desist letter as a scare tactic. But if you sue for defamation, you need to prove four elements. Each of the four elements must be challenged to establish a defamation defense:
- The statement was true: Truth is the best defense for defamation lawsuits. In an absolute defense, the court will rule in favor of the defendant if the statement is true.
- The statement was an opinion: It will not be considered defamatory if it is shown as an opinion piece (e.g., humor, parody, cartoon, caricature).
- The statement did no harm: The statements may have been malicious and false, but if no one believed them, there was no harm to you.
- The statement was agreed to by the plaintiff: It would also be a defense if the plaintiff agreed at some point with the statement. An interview or perhaps a written piece could be used for this.
Get a Cease and Desist Letter Here
Criminal Defamation Laws by states
Some states have different rules regarding how they treat defamation, make sure you check your state’s laws in the table below.
Sources:
The Sedition Act of 1798 | US House of Representatives
JK Rowling sues Daily Mail for libel over 'single mother' article | The Guardian
Defamation can take the form of libel or slander. Slanderous statements are verbal, while libelous comments are written. Unlike slander, libel can be spread through any medium (blog comment, speech, or television broadcast).
Are you familiar with the term seditious libel? In 1798, the Sedition Act made printing lies about the government, the president, or Congress illegal. In a later decision, the Supreme Court modified this rule to hold that a statement against a public figure is only libelous if it is deliberately false or made with a reckless disregard for the truth.
Examples of Libel
Social media has multiplied the chances of libel. But in the United States, the media is one of the most significant sources of libel. You'll find many libel claims filed against professional publications if you Google active libel cases.
Libel cases must contain both false and untrue information for them to succeed. Libel cases can be per se or per quod. Libel, per se, refers to content that defames someone's character outright.
Per quod means "undercover" in Latin, and libel per quod refers to situations in which the contents are unclear but serve to defame an individual. It is much easier to prove and prosecute libel per se cases.
Public figures and celebrities are often targets of libel. They are less likely to win libel suits than ordinary people because the courts find public figures less deserving of reputation protection.
Here are a few famous libel cases:
J.K. Rowling vs. The Daily Mail: According to the bestselling author, the Daily Mail falsely accused her of lying in a charity article she wrote.
Russell Brand vs. The Sun: An article in the publication stated that the actor had cheated on his then-girlfriend, Jemima Khan, in November 2013.
Kate Winslet vs. The Daily Mail: The Daily Mail falsely claimed that Winslet lied about her workout routine, which she accused them of falsifying. According to reports, £25,000 was paid out.
Rebel Wilson vs. Bauer Media: As a result of her lawsuit against Bauer Media, Rebel Wilson was awarded an amount of AUD 4.7 million in September 2017.
Examples of Slander
The act of oral defamation involves making untrue statements about another person that causes quantifiable damage. Slander is most common at work because false statements can hurt someone's career. Examples include:
- Business owners could be defamed if they did not participate in unethical and illegal activities
- Accusing a colleague of tax defaults
- Accusing someone of incompetence could cost them their job or lead to ridicule or contempt
- Falsely accuse a coworker of sexual harassment
Defense for Defamation
Some victims may send a cease-and-desist letter as a scare tactic. But if you sue for defamation, you need to prove four elements. Each of the four elements must be challenged to establish a defamation defense:
- The statement was true: Truth is the best defense for defamation lawsuits. In an absolute defense, the court will rule in favor of the defendant if the statement is true.
- The statement was an opinion: It will not be considered defamatory if it is shown as an opinion piece (e.g., humor, parody, cartoon, caricature).
- The statement did no harm: The statements may have been malicious and false, but if no one believed them, there was no harm to you.
- The statement was agreed to by the plaintiff: It would also be a defense if the plaintiff agreed at some point with the statement. An interview or perhaps a written piece could be used for this.
Get a Cease and Desist Letter Here
Criminal Defamation Laws by states
Some states have different rules regarding how they treat defamation, make sure you check your state’s laws in the table below.
Sources:
The Sedition Act of 1798 | US House of Representatives
JK Rowling sues Daily Mail for libel over 'single mother' article | The Guardian
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