Difference between Libel and Slander

Libel and Slander are types of defamation, where untrue statements are made that damage someone’s reputation. The key difference lies in the medium: libel refers to written or published defamation, such as in newspapers, magazines, or online posts, while slander is spoken defamation, typically conveyed through speech, gestures, or broadcast media. Both can have serious legal consequences, but the distinction in the medium is crucial in determining the appropriate legal recourse.

What is Libel?

When a false assertion is published in writing of any kind, it is called libel. Print, written, graphic, and digital communications, including books, magazines, newspapers, and newsletters, can all fall under this category. Websites for social media blogs. It is libelous if the false assertion is represented in print or digitally. To establish libel, a plaintiff needs to demonstrate: that an incorrect statement was written, the statement was disseminated to third parties by publication or other means, the defendant was at fault (due to carelessness or deliberate maliciousness), and the plaintiff suffered consequences including damage to their reputation, financial loss, disdain, scorn, public hostility, ridicule, or humiliation.

Key Features of Libel:

• Defamatory remarks that are printed or broadcast fall under the category of libel.
• A defamed party may file a lawsuit for damages under common law libel.
• Libel allegations may not apply to remarks that are truthful, pure, or critical of public figures.
• Along with obscenity and harsh language, libel was historically seen as a form of unprotected speech beyond the purview of First Amendment rights in the United States.

What is Slander?

A false statement said aloud that damages someone’s reputation is called slander, which is a kind of defamation. This used to include making up anything in public, such as during a business conference or town hall meeting. Nevertheless, as technology has advanced, it has become increasingly difficult to distinguish between libel and slander. Podcasts are digitally published voice utterances, for example, but text messages might be seen as more defamatory than comments on social media since they seem more like phone conversations; i.e., they could be considered libel.

Key Features of Slander:

• False remarks made by one party against another are referred to in law as slander.
• It is a type of transitory defamation when the communication is done verbally to a third party.
• Legal action against the slanderer is an option for the target of defamatory words.
• It can be difficult to prove slander since the complainant has to demonstrate that the slanderer acted maliciously and knew their statements were untrue.

Difference between Libel and Slander

Basis	Libel	Slander
Meaning	The spread of a false assertion in written or visual form that harms the reputation of an individual, group, service, nation, governmental entity, religion, or community.	Defaming (sending a false message that harms the reputation) of a person, business, product, organization, government, religion, or country by spoken words or nonverbal cues.
Type	Tangible, because it involves a permanent record, such as written or visual communication that can be preserved and referred to later.	Intangible, because it involves spoken words or nonverbal cues that may not leave a permanent record and are more fleeting in nature.
Burden of Proof	In English law, the defendant; in American law, the plaintiff.	In English law, on the defendant; in American law, on the plaintiff.
Cause for Action	A false statement that the speaker knew or should have known to be false that is disclosed to a third party and harms the subject of the communication.	A false statement that the speaker knew or should have known to be false that is disclosed to a third party and harms the subject of the communication.
Punishment	Usually amicable and financial. It is illegal to criticize public leaders in a seditious manner.	Usually amicable and financial.
Special Damages	Plaintiffs alleging slander have to show special damages.	Doesn’t require the plaintiff to prove special damages.
Example	New York Times vs. Sullivan	Food Label Law

Conclusion

Defamation that takes place when a statement is written down and disseminated in a way that is clear and permanent is known as libel. When a defamatory comment is spoken orally, it is called slander. Libel and slander vary primarily in that libel is centered on writings that include defamatory statements, whereas slander involves malicious speech. Interestingly, the English courts have contributed to the shift in the perception of defamatory information on websites, with many now believing that it is more appropriate for speech on the Internet than it is in conventional print media, even if the content was previously viewed as libelous rather than slanderous.

Libel and Slander- FAQs

If broadcast speech isn’t written, why is it considered libel?

The law considers broadcast media (such as TV and radio) to be libelous, even though these forms of communication usually entail spoken words alone. This is due to the fact that broadcast media is less transient than written words since it can reach major audiences in the same way.

Is it possible for you to be held libelous if you post derogatory or negative comments online?

A remark that is made and shared online—for example, on a blog or social media platform—and contains derogatory or harmful content might be deemed libel. If this is the case, the libelist may face legal action. Though not yet widespread, there is growing apprehension that unfavorable internet evaluations might potentially amount to defamation.

Are opinions libelous?

No. Opinion statements (e.g., “I think that…”) are protected speech and, unlike statements of truth, are not subject to libel prosecution.

Is it illegal to slander someone?

Oral defamation, such as slander, is regarded as a civil wrong, or tort, in the United States and other countries. This implies that you may bring a lawsuit rather than submit a criminal charge for defamation.

Is slander hard to prove?

The complainant bears the responsibility of proving that defamation took place. However, establishing it can sometimes be challenging for a variety of reasons. Plaintiffs must demonstrate that the slanderer knew their assertions were untrue and made these remarks with malicious intent.

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