Defamation, Libel and Slander

Defamation is the written or oral communication of a false statement to others that damages the personal or business reputation of an individual, company, product, group, government, or nation. It can include any untrue remark that injures another individual or entity’s character, morals, ability, financial status, or business practices.

There are two distinct types of defamation: Slander is the legal term for defamation that is communicated through the spoken word or by sounds, sign language, or other gestures. Entertainers, business professionals, and public figures are often plaintiffs in slander cases.

Libel, on the other hand, is the legal term for damaging statements that are made in the written word, such as in newspapers, magazines, e-mails, letters, or photographs, or on film and through electronic broadcasting.

In both slander and libel lawsuits, financial loss and/or damage must always be proven, except if one of the following accusations is made and damages are presumed:

• Defamatory remarks were made about the victim in his or her business or trade;
• The plaintiff is falsely accused of adultery;
• The plaintiff is falsely accused of having a contagious disease;
• The plaintiff is falsely accused of committing a crime (unless the accusation has been made to law enforcement officials).

Statistics You Should Know:

• About 75 percent of all civil slander cases are heard in state courts and 25 percent are heard in federal courts.
• According to The Associated Press, an estimated 95 percent of all defamation cases involve local news stories rather than high-profile cases.
• In an estimated 70 percent of all libel cases, the plaintiff is a business professional. 
• Legal experts reveal that newspapers are involved in defamation cases twice as often as television stations.

Understanding the Law

Defamation laws, which can vary from state to state, have been established to counterbalance an individual’s First Amendment rights—which guarantee free speech—and the rights of an individual to protect his or her reputation. In the United States, citizens are also entitled to exercise “fair comment,” which enables Americans to comment freely—even unkindly—about matters of public interest, as long as the written or oral statements are truthful, derived from fact, and not intended to be malicious.

If a false and damaging statement is made and a claim is brought to court, the victim may be entitled to financial compensation for damages and, in some cases, mental anguish and/or punitive damages.

Have You or a Family Member Become a Victim of Defamation, Slander, or Libel?

There are four fundamental steps that you must take if you believe that you or a member of your family has been defamed by slander or libel:

1. Obtain the name and contact information of the person(s) has said or published derogatory remarks that have defamed your character and/or reputation. 
2. Obtain the contact information for any witnesses that were present when the incident occurred.
3. Compose a written statement of what was said if you want to pursue a slander claim; retain a copy of the photograph, publication, sign, or the Internet or electronic broadcast if you plan to pursue a libel claim.
4. Contact an attorney with experience in slander and/or libel claims.

Why You Need a Personal Injury Attorney

Defamation cases are extremely complex due to the fine line that exists between what is considered an expression of opinion and what is regarded as slander or libel. A skilled attorney is aware of the defamation laws within your state and has the expertise to evaluate the evidence and build a solid case that protects your legal rights so that compensatory damages can be collected.

To find a personal injury lawyer in your community who has experience in litigating defamation, libel, or slander cases, please enter your city name in the search box at the top of this page.

THIS IS NOT LEGAL ADVICE - PLEASE CONSULT WITH AN ATTORNEY REGARDING YOUR SPECIFIC CASE