Overview of slander, libel, defamation elements, and how truth, context, and opinion affect claims. See when defamation lawsuits succeed, what defenses apply, and why speaking with an experienced defamation attorney can help.
By Brad Nakase, Attorney
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Slander and libel are instances of defamation. Words that are visible (usually written and published) are considered libelous. When a derogatory comment is spoken or somehow audible, like in a radio broadcast, it is considered slander.
The reputations of people and other organizations are protected by defamation laws. For example, they shield companies against false and harmful remarks. The courts must safeguard free expression at the same time.
Civil cases for libel and slander frequently involve public authorities or public celebrities. They permit false remarks about them to be recovered in civil court. But it’s important to find an appropriate equilibrium between two objectives:
The plaintiff wants damages related to reputational harm. A defendant will try to justify their speech. You should discuss your objectives and plan of action with a defamation attorney. This is regardless of your position in a litigation.
A plaintiff must establish the elements of slander or libel to establish either kind of defamation claim. They need to demonstrate:
In certain situations, the burden of proving real harm in the shape of special damages rests with the plaintiff. Actual damages, which can be expressed as a monetary amount that represents a financial loss, are damages immediately incurred. Expenses like medical injuries resulting from mental anguish are covered under special damages.
However, the truth is a complete defense in a defamation prosecution, even if harms are shown. The defendant wins if they can demonstrate that their purportedly defamatory comment is, in fact, truthful.
1. False Light
Some behaviors may not meet the strict elements of slander. A “false light” lawsuit may result from some behaviors that don’t quite qualify as defamation, depending on the jurisdiction. One kind of civil breach of privacy is false light claims. This kind of claim (the basis of action) differs in that the defendant must present the plaintiff in a derogatory and false light.
Sometimes it necessitates demonstrating genuine malice. For instance, a defendant might carelessly disregard the truth by posting a falsehood on social media. A plaintiff could be entitled to punitive damages in these circumstances. These exceptional damages are meant to penalize the defendant in addition to the plaintiff’s usual damages.
2. Laws Concerning Foreign Defamation
In international contexts, the elements of slander and libel can vary. Nonetheless, the United States can provide safeguards against libel travel, which occurs when a plaintiff files a lawsuit abroad just because it is simpler to prove defamation there.
A communication may be deemed defamatory when it “works to damage or impair the good name of someone else as to diminish them in the opinion of the general public, or to dissuade third parties from associating with them,” pursuant to the American Restatement of Torts. A defendant must intentionally or carelessly publish something disparaging about the plaintiff.
There are countless instances of defamatory comments, such as false claims that:
Determining a criterion for judging whether an expression is defamatory has long been a challenge for courts. Many statements may be considered defamatory by some, but not by others.
Generally speaking, a plaintiff must demonstrate that they were defamed from the perspective of a reasonable individual or a certain community group. This issue is typically decided by juries in court cases involving libel.
Generally speaking, opinions cannot serve as the foundation for a defamation lawsuit. A remark may have legal consequences if it implies untrue facts concerning an individual. It is sometimes difficult to determine whether a comment is an opinion or a fact. There is a debate in such cases. This decision frequently determines how a defamation case turns out.
In libel lawsuits, the defendant has to have published defamatory facts about the plaintiff in accordance with the law on personal injuries. Traditional media, including newspapers, magazines, and books, are included in the term “publication.” It also covers contemporary social media networks.
Oral comments are typically regarded as slander rather than libel. On the other hand, a disparaging online video or audio clip could be regarded as a form of publishing.
In particular situations, whether a statement is defamatory depends on its context. Courts will consider related situations and facts. According to the context of the claims, even if two statements are word-for-word identical, one could be considered defamatory while another is not.
A comic might be doing a sketch, for instance. They laugh about a person’s character in front of the audience. In this case, the otherwise defamatory implications may be negated by the humorous setting.
However, a police officer who was not on duty jokes about the personality of an individual they apprehended while on the job at a dinner party. The quote might not be perceived as funny due to the seriousness of the officer. This can be taken to mean that it is a slanderous statement considering its context.
The slanderous comment could be unprivileged or covered by conditional or limited privilege. It will determine whether the law enforcement officer is held accountable. For example, statements given in court or while a government official is performing their duties may be shielded by privilege.
An allegation of defamation related to character needs to be detailed enough to mention the plaintiff. Although the plaintiff need not be named in the statement, it may be derogatory if the victim is easily identified.
The plaintiff may have misinterpreted the writer’s reference to someone else. The jury could properly conclude that the publication was meant to make reference to the plaintiff. It might still be considered defamation, then.
Even in fiction, the author is not always exempt from the liability of defamation. The lawsuits on libel and defamation can still be filed against publishers who have posted disclaimers. For instance, a real-life private person might bring a defamation action if they discover a “fictional” figure who can be easily identified as the plaintiff. A publisher’s declaration that the characters in question are fictional may not satisfy the jury.
Filing a defamation case might have implications if you’re misusing the legal system. Some slander and libel claims are filed intentionally in a bid to silence opponents. A defendant may be deterred from exercising their rights just by the possibility of legal action.
However, strategic lawsuits against public participation (SLAPP) are prohibited by law in nearly half of the states. Anti-SLAPP legislation was developed to stop people from unjustly silencing others.
The defendant has to demonstrate that their right to free expression protects their actions. This will typically involve matters of justifiable public concern.
The plaintiff’s slander or libel claim may be dismissed by an anti-SLAPP lawsuit. The defendant might additionally be granted legal fees.
Libel cases or elements of slander may be complex, much like auto accident cases. The specifics of the comments made, issues of public interest, and their context all influence whether a lawsuit is successful.
A libel-focused personal injury lawyer can assist you:
Speak with a knowledgeable defamation lawyer in your area to find out more. They are a particular kind of injury attorney who can advise you on a defamation personal injury lawsuit.
Defamation law is never simple. Every case turns on facts, context, and intent. A single sentence can decide everything. And sometimes, what looks clear isn’t clear at all. That’s why understanding the basics matters. Knowing what counts as slander or libel helps you see the risks. It also reminds you that free speech has limits, but protections too. If someone damages your reputation, you do have remedies. The truth is your strongest defense if you’re accused unfairly.
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