Slander, Defamation & Libel

Slander, Defamation and Libel are all basically one in the same where a person’s reputation is put in a bad light because of statements made that were either not factual or twisted out of context. It should be noted that opinions cannot be considered slander, defamation or libel as it is protected by the constitutional free speech.

There are slight differences between slander, defamation and libel. Generally speaking defamation is when someone issues a false statement about another person or another entity that causes harm. “Harm” can be in the form of financial distress, reputational damage or anything else that can be quantitively proven.

Slander is also quite similar in that it involves making a defamatory statement against a person or an entity by a transitionary representation. This basically means that the defamation wasn’t written down anywhere but through witnesses can be proven. Slander normally is in the form of verbal representation.

Libel involves making defamatory statements in a printed or fixed media form. This basically means that anything written down that is available for public viewing. These normally include newspaper reports or magazine articles.

With either slander, defamation or libel there must be some elements present for a case to be considered. Some elements include:

- A statement against another that is false and defamatory;
- Present and accountable damage to the plaintiff;
- Public defamation or libel must at least amount to negligence; and
- Unprivileged publication of a statement to a third party.

Typically, damages for plaintiffs are in the form of lost reputation but the trick to getting it even considered in most cases is to establish that it has caused high enough levels of mental anguish that require compensation. Most state jurisdictions also allow for “per se” defamation where actual damages to the plaintiff do not need to be proven; rather the presumed damages are enough to establish a case. These are most common when a professional standing and character is defamed, allegations that an unmarried person is unchaste and if a person is alleged to have committed immoral acts.

Although slander, defamation and libel cases are quite easy to file the benefits may not necessarily outweigh its costs. Most times, these suits are done because a person has lost reputation due to an incident. The problem is when suits are filed publicity increases and may actually cause unnecessary amounts of exposure.

If you feel that your reputation has been negatively affected by slander, defamation or libel then you should contact a personal injury lawyer to talk about different options that you may have.