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.”

Against Company

Defamatory statements can be damaging to your company.  Defamation of character is defined as “the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.” Any defamatory statement can cause damage to your company’s reputation or financial assets, whether slander or libel.  An oral statement, published, that is defamatory to a specific party is considered slander; libel on the other hand, is a published written statement that is defamatory.

Slander and libel both fall under tort law, or civil law.  A civil lawsuit may be brought against the accused party, usually leading to a suing of said party by the accused.  The civil lawsuit, whether slander or libel, falls under the category of “defamation of character.”  The victim, in this case your company, can sue the defamatory entity for damages.  These damages are considered either general damages, special damages, or exemplary damages.  The difference between these two damages will be explained later on in this article.

So how can you determine whether or not your company has been victim to a defamation of character?  How can you be sure enough to follow through with a civil lawsuit for compensation?  Here are some steps and tips you can follow to better understand what is and is not considered defamatory:

1.  Find and consult with a lawyer.

This may be the most important step as there are lawyers who specialize in defamatory cases of slander and libel.  A specialized lawyer can assist you in determining the correct type of defamation of character your company is experiencing.  You may look into searching for free lawyer consultations on the internet or schedule a consulting appointment with a local lawyer to first determine whether you have a case or not.

2.  Meet with the lawyer to discuss your options.

When you meet with your lawyer, make sure to determine whether the defamatory statement is defamation per se or defamation per quo.  The distinction between the two is important, as they both entail different accusations and appropriate follow up actions.  Defamation per se is a direct, seemingly intentional defamation of character of a party directed at a third party.  Defamation per quo, on the other hand, is an indirect defamation of character that depends on circumstances to be defamatory, and otherwise would not be considered slander or libel.  The statement is usually, but not always, false — and must identify your company as the target to be considered defamation of character.

3.  If desired, take legal action.

Suing a party for defamation of character can help compensate for damages to your company.  Discuss with your lawyer whether you have a civil or criminal case of defamation, and whether to sue for general, special, or exemplary damages.  General damages are damages to reputation, emotion, feelings, or image.  Special damages include financial, property, and occupational damages.  Exemplary damages, then, are damages to be reimbursed determined by the court for the sole purpose of making an example out of the accused party.

tips

- Suing for defamation of character may be costly and time consuming, decide whether or not it is worth it to sue before you take action
- Accusing a party of defamation of character may cause more retaliation.  Ensure that the other party is a reputable and trustworthy party.