Defamation, Slander, and Libel

Defamation Laws can differ in States...

Some states have laws that automatically make certain statements defamation. Any false statement that a person has committed a serious crime, has a serious infectious disease, or is incompetent in his profession are automatically defamatory under these laws.

“Tom Smith stole money from his employer.” If this is untrue and if making the statement damages Tom’s reputation or ability to work, it is defamation.

Example...

A false statement presented as a fact that causes injury or damage to the character of the person it is about. The person whose reputation has been damaged by the false statement can bring a defamation lawsuit.

Defamation is...

More about Defamation...

Defamation of character happens when something untrue and damaging is presented as a fact to someone else. Making the statement ONLY to the person the statement is about (“Tom, you’re a thief”) is NOT defamation because it does NOT damage that person’s character in anyone else’s eyes.

Opinion or Fact...

​There is an important difference in defamation law between stating an opinion and defaming someone. Saying, “I think Cindy is annoying” is an OPINION and is something that can’t ever really be completely proven true or false. Saying “I think Cindy stole a car” is still an opinion BUT implies she committed a crime. IF the accusation is untrue, then it will DEFAME her. This is why the news media is so careful to use the word “allegedly” when talking about people accused of a crime. This way they merely report someone else’s accusation without stating their own opinion.

The statement must have been made with knowledge that it was untrue or with reckless disregard for the truth (meaning the person who said it questioned the truthfulness, but said it anyhow). If the person being defamed is a private citizen and not a celebrity or public figure, defamation can also be proven when the statement was made with negligence as to determining its truth (as the person speaking should have known it was false or should have questioned it).

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A crucial part of a DEFAMATION CASE is that the person makes the false statement with a certain kind of intent...

​What does "Negligence" mean??? Answer: Failure to take proper care in doing something that causes harm to someone else.

Slander...

Slander is the action or crime of making a false spoken statement damaging to another person's reputation.

Can be difficult to prove...

Unlike Libel, Damages due to slander MUST be proven in court by the person suing.

A published false statement that is damaging to a person's reputation; a written defamation.

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Examples of potentially libelous statements include: a social media post spreading a FALSE rumor about a person having a sexually transmitted infection. a Yelp review that FASELY claims the reviewer got food poisoning at a restaurant.

What is Libel?