Libel and Slander

Libel and slander are two types of defamation claims that involve lies and/or intentional deception They are both torts (that is, civil wrongs concerning behavior that has caused another harm) that involve defamation, that is, the communication of false information about a person, group, or entity (for example, organization), which results in damages to the victim's reputation. Libel concerns information communicated via a fixed medium, such as newspapers, magazines, and movies. Slander, on the other hand, involves transitory statements, usually oral in nature.

When an individual claims to be the victim of libel or slander, he or she must provide evidence of four elements to be successful. First, the plaintiff must show that the defendant communicated a defamatory message. This means that at least one other person understood the message to have a disparaging meaning that could negatively damage the victim's reputation. Second, the plaintiff must show that he or she can be easily identified as the target of the statement, which was made to a third party without the plaintiff's consent. Situations in which someone overhears a message conveyed in a manner that should prevent others from hearing it are not considered to be libel or slander. In other words, intent to harm must be a motivating factor, and statements of opinion during private conversations or communications are not subject to a libel or slander label. Also safe from accusations of defamation are distributors of material who have no knowledge of the information they are distributing (for example, mail carriers).

Third, to be defamatory in nature the statement must have been a false statement of fact. Fourth, the plaintiff must show fault, which ranges in restrictiveness depending on whether the plaintiff is a public figure or private citizen. Private citizens have fewer restrictions on building a libel or slander case, as they only need to show that the defendant was negligent. Public figures such as government officials or elected officers bear a higher burden of proof; they must show that the defendant shared information known to be false or with a reckless disregard for whether the information was true or false.