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.

Steps and tips for suing for libel

If somebody writes a statement about you or your company that you consider to be slanderous, you may want to consider suing for libel.  Libel is when a writer knowingly writes or prints a statement that is damaging to another party. It is different from slander, as slander is an oral defamation of character.  Libel is considered a moral crime against you and may warrant action to repair your reputation.  As technology continues to grow and develop, the impact of slanderous libel grows increasingly pertinent.  The large number of peripherals and media can make it tough to maintain a solid reputation — libel can unfairly set you or your company back a few steps.

Whether it be a statement about your character, affiliation, or morals, libel can turn out to be disastrous.  Some will immediately consider suing, as your character and financial reputation may be directly or indirectly hurt from libel.  Libel that directly affects you is called libel per se.  In libel per se the libel is obvious and pronounced.  It is more serious to commit libel per se as the direct effect on your party is much more tangible.  The other libel that affect you indirectly is called libel per quod.  Libel per quod requires other circumstances to be considered libel.  Since libel per se is considered intentional and libel per quod is unintentional, it is much easier to convict a party of libel per se and subsequently prove that you have been defamed.

Suing a party for libel can remedy some of the defamation you experienced, but starting a lawsuit may prove to be expensive and wasteful.  Many people are unaware of how to go about suing another party.  Here are some steps that you can take in suing another party for libel:

1.  Consider the alternatives

If you are considering suing for libel, it is likely that a publication or editor is the defamer.  There may options other than suing that may procure the same results.  Consider demanding a retraction, rewrite, or an apology.  These alternatives may just rebuild your reputation –and possibly improve it as many consider the action of suing itself as lowly.

2.  Find an attorney

Finding an civil or criminal law attorney that specializes in libel or slander lawsuits is imperative.  Ask for consultation on whether your lawsuit is a civil or criminal case of libel.  Do not forget that laws differ between  states. It is with your attorney that you should decide whether to or not to go through with suing for compensation, along with whether you will take the issue to court or settle out of court.

3.  Take action against the libel

Whether you decide to settle out of court with the other party’s lawyer or continue with suing court, you should keep a few things in mind.  For one, the libel must have been directed at a third party.  Also, the statement of libel must have been about the plaintiff.  Thirdly, the statement must have been defamatory and untrue.  If the other party proves the truth behind the statement, you may not have a case.

Libel

Defamation law is the law of “defamation of character.”  That is, defamation law encompasses libel and slander as a cause of action.  Parties may use defamation law to their advantage, retaliating to defamatory statements against your person or company that may have caused damage to your reputation, financial status, or emotions.

Libel and slander are two different entities under defamation law.  Slander, on one hand, is the spoken or oral defamation of character directed at identified party with malicious (or intended to harm) content.  Libel then, is the written form of the same civil crime of defamation of character.  Both libel and slander must be “published,” or seen by a third party to be considered defamation of character.  Defamation law usually requires that these statements be false, although it is not always necessary.

Whether it be a statement about your character, affiliation, or morals, libel or slander can turn out to be disastrous.  Some will immediately consider using defamation law to sue the defamatory party.  Libel and slander that directly affects you is called per se defamation of character.  In per se defamation of character the defamation is obvious and pronounced.  It is more serious to commit per se as the direct effect on your party is much more tangible.  The other type of libel or slander that affect you indirectly is called per quod defamation of character.  Per quod requires other circumstances to be considered defamation of character.  Since per se is considered intentional and per quod is unintentional, it is much easier to convict a party of per se and subsequently prove that you have been defamed.

Defamation law implicates the cause of action against defamation of character.  In defamation law, a tort, or civil law, can be used to bring a lawsuit against the accused party.  There are specialized attorneys that focus on defamation law that can undoubtedly help your case.  Their expertise in the area will cover the intricacies involved with suing another party for defamation of character, including distinguishing between slander, libel, per se, per quo, and other specifics.

So how do you go about retaliating against libel or slander ?  Listed below are some steps you can take and some tips you can follow to better inform you of your options:

1.  Determine to the best of your ability whether or not you have a case of libel or slander .

Before consulting an attorney, use the resources on this page to determine whether you may have a cause of action for defamation of character.  Knowing defamation law to the best of your ability before contacting a lawyer may just prove to save a lot of headache.  Do your best to categorize the statement in question as per se, per quo, libel, or slander .

2.  Contact a specialized defamation law attorney.

Consulting with a defamation law attorney will help you decide your next course of action.  Discuss with your attorney the specifics of your case, including categorizing the defamatory statement and determining whether your case is civil or criminal defamation of character.

3.  Take legal action.

Here you can either take the case to court or settle out of court with the accused party.  It is recommend that you settle out of court, as this can save you costly fees.