Slander, Libel and a Handy Trick to Tell them Apart

July 20th, 2010. By Kristine B

This one reminds me of that line—the one that goes, “If you haven’t got anything nice to say about anybody, come sit next to me”. It’s usually attributed to Alice Roosevelt Longworth, though most folks probably think it’s from a Maxine greeting card. Regardless, talking trash about someone—whether it’s idle gossip or careless whispers (insert a nod to George Michael here)—can get you in serious trouble. Read on…

Slander and libel are two often-misunderstood (and misused) legal terms, but they could actually affect you at some point in your life, especially if you do a lot of writing online. Slander and libel are basically two sides of the same coin—they involve different forms of the same legal concept. So let’s back it up a bit and first, let’s look at defamation of character.

What is Defamation of Character?

Both slander and libel refer to defamation of character. Defamation of character is the passing along of false information that is stated as fact. To be considered defamation, the information must also do two things:

1. It has to bring harm to either a person or an organization (including a business), and

2. It has to be told (in writing or verbally) to at least one other person than the victim.

So, telling Sandra (not her real name!) that she is “a no good lying rotten thief” is not defamation of character. Telling other people that Sandra is a no good lying rotten thief could be defamation if that information harms Sandra.

Now, for the information to really be defamation of character, it must be untrue. So, if you publicly call Sandra a thief and you have evidence to back it up—for example, she’s already been found guilty in court of theft—you’re probably safe. But, if you publicly call her a thief based only on your hunch about her—with no evidence—prepare for a lawsuit.

So What are Slander and Libel?

Slander and libel are both forms of defamation of character. Slander is when the defamation is spoken, like when you tell people face-to-face that Sandra is a thief. Libel is when the defamation is written, such as when you write on your blog that Sandra is a thief, or write a Twitter message about it.

Here’s a handy trick to remember the difference between the two: S is for “slander”, and “spoken”; L is for “libel” and “library”—as in book, as in written.

The only absolute defense against a defamation of character lawsuit is that the information given was true. If the information is true then it is not considered slander or libel. If the information is false, then it falls under defamation of character.

This could affect you if you tend to take out your anger or frustrations online. If you have a blog where you complain about various people or companies, or if you write Twitter messages about such things, if you can’t prove what you’ve written, you could face a libel lawsuit.

If you’ve gone online and complained about a medication, you could be guilty of libel if you make accusations about the medication or pharmaceutical company that can’t be proven. Even doctors who make warnings about medications can be sued for libel.

This is why newspapers and magazines—and websites like LawyersAndSettlements.com!—use words such as “allegedly” and “reportedly” when reporting information that hasn’t been proven in court. It’s to protect themselves from a defamation of character lawsuit. More importantly, it’s just the right thing to do—it’s that innocent until proven guilty thing at play.

The best thing you can do to prevent a defamation of character lawsuit is to make sure anything you say or write about another person or organization is backed up with facts. If you’re writing something out of anger or to be reactionary, be careful because what you write could be viewed as libel—and once it’s on the Internet, it’s almost impossible to take it off.

Tags: Defamation, libel, Pleading Ignorance, slander

This was posted on Tuesday, July 20th, 2010 at 3:40 pm and is filed under Emerging Issues . Feel free to respond, or trackback. Read our comments policy.