Difference Between Libel & Slander

Although you may be accustomed to mixing up slander and libel because they are so similar, there is a correct way to use the terms. Basically both of these terms, slander and libel, are used when referring to any such person, object, or business to give him/her harmful side effects. Most of the time when slander or libel is used towards someone it is false.

Slander is different from libel in that it refers to words that are spoken. Libel is different from slander in that it refers to words that are written.  A common term that brings slander and libel together would be defamation. When the word defamation is used it is just generally referring to any such form of slander or libel. Slander was more so the originator that relates to defamation because it was a frequent occurrence used and easily spread through the power of speech. Libel has become an equal originator because it is also a detrimental way to affect a person, business, or product. Slander would be easier to get away with because it is difficult to prove something that was only “heard” through word of mouth. Libel is easier to prove guilty as it can be proven with the written statement or picture that was used to commit the crime. There are many solid items that could be used to prove libel such as: movies, words in writing, CD’s, tapes, blogs, pictures, DVDs, and many more. If you are being accused of any of these terms: libel, slander, or defamation, you are in definite violation of the common law. A grey area when accusing someone of libel would be any internet proof such as blogs.

Blogs are typically used by any common person to express their opinions and feelings about anything they want. They’re opinions could be potentially negative depending on what their view is on the business, product, or person is. They should not be held accountable because they should be free to express their opinions. You are not restricted to what you say twenty four hours a day as well, so why should any internet conversation be any different? When it comes to libel, it is easy to undo whatever has been done because if anything whatever has been exposed can be undone or hidden. Slander and libel bring about many cases which have people committing honest mistakes. Many people don’t mean to make false accusations or statements but do so, and end up being punished with the terms of a serious crime.

It is also important to make sure there is no miscommunication when it comes to slander and libel. Every little aspect could be defining when it comes to making a judgment between slander, libel, and defamation. The soundest advice would be to avoid slander or libel as a whole and mind your own business. As mothers have always taught us since we were young, “If you have nothing nice to say, don’t say anything at all.”

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.

Business

A class action suit is a lawsuit filed on the behalf of a large group of people or business entities.  This group of people file a claim against one or more plaintiffs in hopes of being compensated for damages and are usually represented by a business lawyer.  A good example of a class action suit is when people of a company filing suit due unfair company procedures.

If more and more people continue to join the class action suit, the strength of that lawsuit continues to grow, as it becomes a collection of claims from various parties –all rolled up into one lawsuit.  It offers the common man the opportunity to stand up to large corporations, akin to a protest or riot, in the form of legal action.  This is just one of many advantages to filing a class action suit as opposed to individual lawsuits.  Other notable advantages include reduced costs, increased number of witnesses, scope of compensation (a class action suit may procure better results than individual lawsuits), fair distribution of compensation, and consistent rulings.

Class action suits, however, are not without their criticisms.  Some claim that class action suits can ruin legitimate individual claims while negatively affecting the public’s respect for the judiciary system.  In addition, class members may receive little to no compensation as a result of expensive business attorney costs and an unfair allocation of said compensation.  Often times, class members receive a small check or coupon from the defending corporation, hardly worthy compensation for such effort.

Finding the right business attorney for your class action suit can make a significant difference.  Business attorneys are specially trained to deal with business issues, corporations, and workers.  Now that you better understand class action suits, how can you find the right business attorney to make the most of your case?  Below are some tips you can use to make the search as painless as possible:

1.  Determine whether or not a class action suit is the right decision for your case.

It is important to first determine whether a class action suit is the right legal action for your situation.  Do your research to find out whether there are others in the same situation as you.  Ask your neighbors and co-workers about their experience with the party in question. In addition, you should be able to find free business attorney consultation through a basic online search to see whether you should file a class action suit.

2.  Do a search to find the right business attorney to work your lawsuit.

If you find a lawyer through a free consultation website, ask to set up a consultation meeting.  If not, do an Internet search for business attorneys that work in your area and can help your cause.

3.  Meet with your business attorney.

Discuss the possibility of a class action suit with your attorney.  Determine if it is the appropriate legal action and whether or not you can find other people to sign on with you.

4.  Ask your business attorney to file a claim for a class action suit.

Your attorney will review your case and file a claim with the court for both you and other parties.  If the court agrees, you now have a class action suit!

Privacy

Invasion of privacy is a common cause of action cited for civil lawsuits.  The idea of an invasion of privacy is used by many citizens and civil law attorneys of the United States to receive compensation for damages.  This article was written to help you understand the four different categories of invasion of privacy and how they can relate to you, along with what an attorney would have to do to prove an invasion of privacy.

While most civil cases of invasion of privacy usually involve the protection of a public figure from exposure to media outlets, invasion of privacy may also be defined as the right to possess and control property and personal information against search, seizure, and exposure.  The growing expansion of media outlets has brought the issue of invasion of privacy to many attorneys around the United States.  Public figures and normal citizens alike have used the invasion of privacy cause of action to sue other parties, by means of a civil law attorney and the civil court.

The four categories of invasion of privacy are intrusion of solitude and seclusion, public disclosure of private facts, false light, and appropriation.

1. Intrusion of Solitude and Seclusion

Intrusion of Solitude refers to one person’s undesired exposure to publicity by another party.  For example, if an author writes about a specific person as a character in a novel, that person can sue the author for the undesired exposure to publicity.  An attorney would have to prove that there were damages incurred from the undesired exposure.

Intrusion of Seclusion then, is the act of purposely intruding the private space and/or seclusion of a person.  This can be done physically or electronically.  An attorney would aim to prove that the accused party had intruded upon the plaintiff’s private affairs.  If the attorney is able to prove intrusion, there is a clear cut case for invasion of privacy.

2. Public Disclosure of Private Facts

The public disclosure of private facts category pertains to a situation where one person reveals unnecessary offensive private information to the public.  This differs from defamation because it is mutually exclusive from the fact of whether or not the information presented is true.  These facts must be proved by the attorney to be considered unworthy of the news and not of a concern to the public.

3.  False Light

A category of invasion of privacy that relates closely to the tort of defamation. There are privacy laws set in the United States that protect a non-public person’s right to hide from the public information that puts them in a false light.  An attorney must prove that the defendant made a malicious publication about the plaintiff that puts the plaintiff in false light- and is highly offensive.

4.  Appropriation of name or likeness

The use of a person’s name or likeness for the personal benefit of another person is considered appropriation of name or likeness.  For example, if a famous NFL player sees his name and face on a art company logo, he just might sue the company for invasion of privacy (though I am unsure of how much that can help an art company sell anything but eye black).  An attorney would have to prove the defendant guilty of using the plaintiff’s name or likeness for personal gain or commercial advantage.