What is Defamation? | Difference between Libel and Slander | Types of Defamation
Defamation
Defamation is the general term for a legal claim involving injury to one's reputation caused by a false statement of fact and includes both libel (defamation in written or fixed form) and slander (spoken defamation). The crux of a defamation claim is falsity. Truthful statements that harm another's reputation will not create liability for defamation (although they may open you up to other forms of liability if the information you publish is of a personal or highly private nature).
What is Slander? What is Libel? Libel and slander are both types of defamation. Libel is an untrue defamatory statement that is made in writing. Slander is an untrue defamatory statement that is spoken orally. The difference between defamation and slander is that a defamatory statement can be made in any medium. It could be in a blog comment or spoken in a speech or said on television. Libelous acts only occur when a statement is made in writing (digital statements count as writing) and slanderous statements are only made orally.
You may have heard of seditious libel. The Sedition Act of 1798 made it a crime to print anything false about the government, president, or Congress. The Supreme Court later modified this when it enacted the rule that a statement against a public figure is libel only if it known to be false or the speaker had a reckless disregard for the truth when making it.
Suing for slander, libel, or defamation brings a civil suit in a state court and alleges that under the slander laws or libel laws of that state the person who brought about the lawsuit was damaged by the conduct of the person who made the false statement. A libel or slander lawsuit seeks monetary damages for harm caused by the statement, such as pain and suffering, damage to the plaintiff’s reputation, lost wages or a loss of ability to earn a living, and personal emotional reactions such as shame, humiliation, and anxiety.
If you are accused of defamation, slander, or libel, truth is an absolute defense to the allegation. If what you said is true, there is no case. If the case is brought by a public figure and you can prove you were only negligent in weighing whether the statement was false, that can be a defense as well.
Defamation is an area of law that protects people’s reputations by allowing them recourse if false statements are made about them. This type of civil case is an effective way to protect your reputation.
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