Slander vs Libel
Slander against a person or organization can cause permanent damage to their reputation or financial status. How can you recognize what is and what is not slander? This article will explain some of the different types of slander.
First off, slander is the oral or transitory form of defamation of character. Defamation of character is a claim made against a party that is usually false but implied to be true that negatively affects their image. It is considered a tort, or civil law, and therefore can be used as a reason for a civil lawsuit. Suing the slanderous party is a common step used to reinstate reputation or collect compensation. In reality, it is sometimes tough to pinpoint whether or not a party has committed the tort of slander, as numerous parameters need to be met in order for the statement to be considered slanderous. Also, since slander is an oral statement, it may be a challenge to prove, let alone prove that it has caused defamation to your party.
For a statement to be considered slander, it must be malicious and clearly directed at your party. Knowing these parameters is important. Malicious intent in slander is when one party intentionally aims to cause harm one’s reputation or image. For the slander to be considered directed at your party, it must directly or indirectly identify your entity in the statement. To show that your character has indeed experienced defamation you will have to prove these two things. An attorney specializing in slander can help you with a consultation to assure you of these things. There are resources you can turn to to consult with an attorney, whether in person, on the phone, or online. Your attorney will inform you whether or not the statement in question is defamatory, and whether or not you have a case to fight against it.
So how can you tell if you have been slandered against? How can you be sure what type of defamation of character you have experienced? Here are a few concrete characteristics of slander:
1. Slander vs. Libel
Defamation is differentiated between slander (oral) and libel (written). It is also often called calumny or vilification. Knowing the difference is key, as slander and libel and the appropriate actions to take are different.
2. Slander per se vs. Slander per quo
Slander per se is considered direct defamation of character. That is, slander per se is obvious and intentional, directed at your party, and immediately damaging. For example, calling a doctor an “abortionist” or a politician a “nazi” is slander per se. Slander per quo, on the other hand, depends upon the situation to be considered defamation. It is an indirect defamation of your character that may or may not be realized at first. Specialized attorneys will help you determine what type of slander you are victim to.
3. General damages vs. Special damages
General damages refer to emotional damages or defamation to your reputation. Special damages refer to direct economic loss. Proof of special damages may be required to win the lawsuit and therefore be awarded any damages.