Slander is a type of gossip or rumor that can actually get you in legal trouble if what you say harms someone’s reputation. It is not just about being mean or spreading rumors—it can have real consequences in a court of law.
What is Slander?
In the United States, Slander is a legal term referring to spoken false statements that harm a person’s reputation. Verbal slander is communication intended to discredit the person making the comments. Slander, to put it simply, is a legal word for defamation, or the act of hurting the reputation of an individual or corporation by spreading false information about them to one or more individuals.
A lawsuit based on slander may be filed, but the subject of the complaint must provide proof in a civil court. Libel, written rather than spoken defamation, is frequently used to compare slander. In the United States, slander laws vary by state, but generally, to prove slander, the plaintiff must show that the defamatory statements were false, caused harm to their reputation, and were made without justification or privilege.
Key Takeaways:
- False remarks made by one party against another are called slander in law.
- 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.
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How does Slander work?
- Although it is everyone’s fundamental right to express themselves freely, this right is not unqualified. In reality, most legal systems include restrictions on speech, particularly when it comes to making false statements about others.
- Any orally expressed defamation is referred to as slander. When someone’s remarks damage another person’s reputation or means of support, it is known as defamation. For a comment to qualify as slander, it must be stated as fact rather than opinion. A third person must hear the statement.
- If you make claims about someone that you know are false, you will face sanctions. The area of law that deals with civil cases includes tort law, which includes defamation.
- It seeks to remedy wrongdoing committed against parties and has the potential to grant them financial recompense.
- Therefore, anyone who has been the target of defamatory remarks, whether expressed orally or in writing may be entitled to make their case in a civil court.
Example of Slander
Actor David Schwimmer sued fundraisers for $2 million in 2004 after they claimed he had made irrational demands prior to his 1997 appearance at a charity event. Schwimmer, who starred in the television series “Friends,” sued Aaron Tonken for slander. Schwimmer claims that Tonken made it known in public that Schwimmer requested two Rolex watches as payment for the time he spent at a fundraiser. He said the accusations damaged his image and were untrue. In 2006, the litigation was resolved. Schwimmer received a $400,000 damage award.
Here is a brief explanation to the mentioned example of Slander:
- False Statements: Aaron Tonken allegedly made false statements in public claiming that David Schwimmer requested two Rolex watches as payment for his appearance at a charity event.
- Damage to Reputation: Schwimmer argued that these false accusations damaged his image and reputation by portraying him as making irrational demands for personal gain.
- Resolution through Litigation: Schwimmer took legal action against Tonken for slander, seeking damages for the harm caused by the false statements. The case was resolved in 2006, with Schwimmer being awarded $400,000 in damages.
Difference between Libel and Slander
How do I Prove Slander?
Proving slander in court can indeed be challenging, as the burden of proof rests on the complainant. While individuals feeling wronged must demonstrate that defamatory remarks were made with malicious intent against a third party, it’s important to note that the standard of proof in civil cases like slander is typically “by a preponderance of the evidence,” not “beyond a reasonable doubt.”
Key elements to establish in proving Slander includes:
- Demonstrating that the statement made was false.
- It was communicated to a third party.
- It caused harm to the plaintiff’s reputation.
While the unreasonableness of the statement may be relevant, it’s not typically a separate requirement for proving slander.
Conclusion
In the United States, slander laws vary by state, but generally, to prove slander, the plaintiff must show that the defamatory statements were false, caused harm to their reputation, and were made without justification or privilege. While proving slander can be challenging, it’s essential for individuals who have been targeted by defamatory remarks to seek recourse in civil court if their reputation has been unjustly harmed. By demonstrating the falsehood of the statements, the harm caused, and the absence of justification for the remarks, individuals can seek justice and potentially receive compensation for the damage to their reputation.
Frequently Asked Questions on Slander
Is gossip slanderous?
Libel is defined as defamation by writing, whereas slander is characterized as defamation by speech. When there is a deliberate attempt to mislead and damage the reputation of another, gossip turns into slander.
Are defamation and slander the same thing?
Defamation takes the form of slander. Anything spoken, either in writing or vocally, that damages the reputation or means of support of another individual is considered defamation. For a statement to be deemed defamatory, it must be expressed as fact rather than opinion. Libel is the term for defamation in writing. Libelous utterances can be found in a variety of online spaces, including chat rooms, comment sections, blogs, periodicals, newspapers, and letters to the editor.
How can a slander case be filed?
There is no First Amendment protection for slander. This implies that it is illegal for you to purposefully disparage another person. Suing someone for slander is an option if they have defamed you. Since it’s covered by tort law, you can file a lawsuit in civil court to get financial compensation. You have to present evidence of the slander. Including the person or individuals to whom the remarks were made as witnesses is a good idea.
How do I know if something is considered slanderous?
Slanderous statements are those that are false, damaging to someone’s reputation, and communicated to a third party. Additionally, the statement must be presented as a fact rather than an opinion to qualify as slander.
What should I do if I believe I’ve been slandered?
If you believe you’ve been slandered, consider consulting with a lawyer who specializes in defamation law. They can advise you on your legal options, including the possibility of pursuing a defamation lawsuit against the person or entity responsible for the slanderous statements. It’s essential to gather evidence to support your case, such as witness testimonies or documentation of the false statement.
Difference between Libel and Slander?
Libel is written defamation, while slander is spoken defamation. Both harm reputation but libel involves written communication, like articles or posts, while slander involves spoken words, such as conversations or broadcasts. Read about Libel in detail:
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