Libel, Slander, and Defamation Law: The Basics
Defamation Law: The Basics
The term "defamation" is an all-encompassing term that covers any statement that hurts someone's reputation, also called defamation of character. If the statement is made in writing and published, the defamation is called "
libel." If the hurtful statement is spoken, the statement is "
slander." Defamation is considered to be a civil wrong or a tort. A person that has suffered a defamatory statement may sue the person that made the statement under defamation law, which would be called a defamation case.
Defamation law walks a fine line between the right to
freedom of speech and the right of a person to avoid defamation. On one hand, a reasonable person should have free speech to talk about their experiences in a truthful manner without fear of a lawsuit if they say something mean, but true, about someone else. On the other hand, people have a right to not have false statements made that will damage their reputation. Determining what is a statement of fact and what is a lie is called "absolute defense" and will end the case once it is proven. Then, the winning side may sue for punitive damages depending on the types of defamation.
Elements of a Defamation Lawsuit
Defamation changes per state laws, but there are some accepted standards that make laws similar no matter where you are or who you are suing. Generally, in order to win your lawsuit, you must show that:
- Someone made a statement;
- The statement was published;
- The statement caused you injury;
- The statement was false; and
- The statement did not fall into a privileged category.
These terms and details are further defined below:
The Statement - A "statement" needs to be spoken (slander), written (libel), or otherwise expressed in some manner. Because the spoken word often fades more quickly from memory, slander is often considered less harmful than libel. These statements are especially damaging if they involve a public or private individual and sexual misconduct or the abuse of minors.
Publication - For a statement to be published, a third party (someone other than the person making the statement or the subject of the statement) must have seen, heard or read the defamatory statement. Unlike the traditional meaning of the word "published," a defamatory statement does not need to be printed. Rather, a statement heard over the television or seen scrawled on someone's door is considered to be published.
Injury - To succeed in a defamation lawsuit, the statement must be shown to have
caused injury to the subject of the statement. This means that the statement must have hurt the reputation of the subject of the statement. For example, a statement has caused injury if the subject of the statement lost work as a result of the statement.
Falsity - Defamation law will only consider statements defamatory if they are, in fact, false. A
true statement is not considered defamation. Additionally, because of their nature, statements of opinion are not considered false because they are subjective to the speaker.
Unprivileged - Lastly, in order for a statement to be defamatory, it must be unprivileged. You cannot sue for defamation in certain instances when a statement is considered privileged. For example, when a witness testifies at trial and makes a statement that is both false and injurious, the witness will be immune to a lawsuit for defamation because the act of testifying at trial is privileged.
Social Media and Defamation Law
Due to
social media, it's now easier than ever to make a defamatory statement. That's because social media services like Twitter and Facebook allow you to instantly "publish" a statement that can reach millions of people. Whether it's a disparaging blog post, Facebook status update, or YouTube video, online defamation is treated the same way as more traditional forms, meaning that you can be sued for any defamatory statements you post online.