Ogden Attorney: Libel v.s. Slander
Abraham Lincoln once said "Truth is the best vindication against slander".It was also once said that "The greater the truth, the greater the libel." If you read these quotes side by side you may see that there is a relationship between the words.libel and slander. Libel and slander are types of defamation. Some people may use them interchangeable, when if fact they are very different. This article will explain the difference between them, thereby clearing up any confusion regarding this subject. It will also go over some scenarios of libel and slander, and explain a few of the general defenses. However, this article is not legal advice, nor does it replace legal advice. Libel and slander are very serious matters and should be discussed with a qualified personal injury attorney. They would be able to advise you on your situation, and give you advice in your best interest.
So, what is defamation? In order to understand libel and slander you must first understand what defamation means. It is when someone's reputation is falsely injured by another person, and this person suffers because of it. The defamed now unjustly has a negative reputation, but how did the defamation occur? Was it communicated orally to another person, or is their a record of it? The awnser to that question will tell us if it was libel or slander.
When the defamatory remark is recorded on paper, audio, or video it is considered to be libel. This is one reason why news publications must be very careful when they print an article concerning an individual, business, or organization. However, they are not the only ones who should be on guard because the laws concerning libel apply to everyone equally. An example of libel would be:
A newspaper prints an article about someone being an abusive alcoholic, but did not check the facts on the story, and this person can prove that this information is false.
When the defamatory remark is not recorded, but oral, it is considered to be slander. In other words slander is spoken and not recorded. It is therefore transitory. These spoken defamatory remarks must be heard by another person. The defamed may need to prove that they suffered financially as a result, because someone believed them to be true. An example of slander may be:
Harry tells Rich that Sam is a thief. As a result Rich does not do business with Sam. Now Sam has suffered the loss of that business.
There are certain defenses against defamation and you should know a couple of them. The first one would be that the defamatory information that was published is the absolute truth. The second one would be that the defamatory information that was published was done so accidentally. The third one would be consent. This would mean that the defamed gave permission for the defamatory information to be published.
Something else worth noting is that some circumstances may be considered "privileged". Under these circumstances someone making a statement may be protected from being sued for defamation of character. An example of this may be a witness giving testimony in a trial.
So, what is defamation? In order to understand libel and slander you must first understand what defamation means. It is when someone's reputation is falsely injured by another person, and this person suffers because of it. The defamed now unjustly has a negative reputation, but how did the defamation occur? Was it communicated orally to another person, or is their a record of it? The awnser to that question will tell us if it was libel or slander.
When the defamatory remark is recorded on paper, audio, or video it is considered to be libel. This is one reason why news publications must be very careful when they print an article concerning an individual, business, or organization. However, they are not the only ones who should be on guard because the laws concerning libel apply to everyone equally. An example of libel would be:
A newspaper prints an article about someone being an abusive alcoholic, but did not check the facts on the story, and this person can prove that this information is false.
When the defamatory remark is not recorded, but oral, it is considered to be slander. In other words slander is spoken and not recorded. It is therefore transitory. These spoken defamatory remarks must be heard by another person. The defamed may need to prove that they suffered financially as a result, because someone believed them to be true. An example of slander may be:
Harry tells Rich that Sam is a thief. As a result Rich does not do business with Sam. Now Sam has suffered the loss of that business.
There are certain defenses against defamation and you should know a couple of them. The first one would be that the defamatory information that was published is the absolute truth. The second one would be that the defamatory information that was published was done so accidentally. The third one would be consent. This would mean that the defamed gave permission for the defamatory information to be published.
Something else worth noting is that some circumstances may be considered "privileged". Under these circumstances someone making a statement may be protected from being sued for defamation of character. An example of this may be a witness giving testimony in a trial.