Key Takeaways
- Defamation law provides a civil remedy for harm to reputation or livelihood caused by false statements.
- Libel involves written or published defamation, while slander refers to spoken defamatory remarks.
- Public figures face stricter standards in defamation cases, requiring proof of "actual malice."
- Online platforms have amplified defamation risks, making social media a common source of libel.
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.
Libel Definition
Libel is written or published defamation that harms a person’s reputation. It involves false statements presented as fact in mediums like print, online posts, or digital publications.
To prove libel, the plaintiff must show the statement was false, published to a third party, caused reputational harm, and was made negligently or, for public figures, with actual malice.
Libel laws balance protecting reputations with preserving free speech under the First Amendment.
Examples of Libel
Social media has multiplied the chances of libel. However 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.
Slander Definition
Slander is a form of defamation involving false and damaging statements made orally or in other non-permanent forms, such as gestures or sounds.
To prove slander, the plaintiff must show the statement was false, communicated to a third party, caused reputational harm, and, in most cases, resulted in specific damages.
Certain statements, like false accusations of a crime or serious misconduct, are considered slander per se and do not require proof of damages. Unlike libel, which is written defamation, slander is temporary in nature but can still cause significant harm to a person’s reputation.
Examples of Slander
The act of oral defamation involves making untrue statements about another person that cause 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
Examples of Defamation
Defamation can take many forms, but it always involves false statements that harm someone’s reputation.
Below are common examples of defamation:
- False accusations of criminal behavior: Claiming someone is a thief, fraudster, or involved in illegal activities without evidence, such as posting on social media that an individual committed a crime they did not commit.
- One-sided stories: Sharing misleading accounts that omit critical facts, like accusing someone of negligence or wrongdoing without context, leading to reputational damage.
- Harmful online reviews: Posting fake reviews on platforms like Yelp or Google to damage a business’s reputation without having had a genuine experience with the business.
- Public shaming or harassment: Using social media to spread false claims about someone’s personal life, such as accusing them of infidelity or misconduct on shaming websites.
- Fake profiles and impersonation: Creating false online profiles or websites to impersonate someone and spread defamatory content about them.
Defamation consists of untrue assertions presented as facts that damage an individual’s reputation, while opinions are personal beliefs or viewpoints that cannot be proven true or false.
Pure opinions are protected under the First Amendment and are not considered defamatory unless they imply undisclosed false facts. Courts carefully evaluate the context to distinguish between actionable defamation and non-actionable opinion.
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.
Read More: Famous Cease and Desist Letters
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
Key Takeaways
- Defamation law provides a civil remedy for harm to reputation or livelihood caused by false statements.
- Libel involves written or published defamation, while slander refers to spoken defamatory remarks.
- Public figures face stricter standards in defamation cases, requiring proof of "actual malice."
- Online platforms have amplified defamation risks, making social media a common source of libel.
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.
Libel Definition
Libel is written or published defamation that harms a person’s reputation. It involves false statements presented as fact in mediums like print, online posts, or digital publications.
To prove libel, the plaintiff must show the statement was false, published to a third party, caused reputational harm, and was made negligently or, for public figures, with actual malice.
Libel laws balance protecting reputations with preserving free speech under the First Amendment.
Examples of Libel
Social media has multiplied the chances of libel. However 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.
Slander Definition
Slander is a form of defamation involving false and damaging statements made orally or in other non-permanent forms, such as gestures or sounds.
To prove slander, the plaintiff must show the statement was false, communicated to a third party, caused reputational harm, and, in most cases, resulted in specific damages.
Certain statements, like false accusations of a crime or serious misconduct, are considered slander per se and do not require proof of damages. Unlike libel, which is written defamation, slander is temporary in nature but can still cause significant harm to a person’s reputation.
Examples of Slander
The act of oral defamation involves making untrue statements about another person that cause 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
Examples of Defamation
Defamation can take many forms, but it always involves false statements that harm someone’s reputation.
Below are common examples of defamation:
- False accusations of criminal behavior: Claiming someone is a thief, fraudster, or involved in illegal activities without evidence, such as posting on social media that an individual committed a crime they did not commit.
- One-sided stories: Sharing misleading accounts that omit critical facts, like accusing someone of negligence or wrongdoing without context, leading to reputational damage.
- Harmful online reviews: Posting fake reviews on platforms like Yelp or Google to damage a business’s reputation without having had a genuine experience with the business.
- Public shaming or harassment: Using social media to spread false claims about someone’s personal life, such as accusing them of infidelity or misconduct on shaming websites.
- Fake profiles and impersonation: Creating false online profiles or websites to impersonate someone and spread defamatory content about them.
Defamation consists of untrue assertions presented as facts that damage an individual’s reputation, while opinions are personal beliefs or viewpoints that cannot be proven true or false.
Pure opinions are protected under the First Amendment and are not considered defamatory unless they imply undisclosed false facts. Courts carefully evaluate the context to distinguish between actionable defamation and non-actionable opinion.
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.
Read More: Famous Cease and Desist Letters
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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