Defamation Law Made Simple
by
Attorney Emily Doskow
Learn the basic law of slander and libel -- the rules about who can say what, about whom.
“Defamation” is a catch-all term for any statement that hurts someone's reputation. Written defamation is called “libel,” and spoken defamation is called “slander.” Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming.
Defamation law tries to balance competing interests: On the one hand, people should not ruin others' lives by telling lies about them; but on the other hand, people should be able to speak freely without fear of litigation over every insult, disagreement, or mistake. Political and social disagreement is important in a free society, and we obviously don't all share the same opinions or beliefs. For instance, political opponents often reach opposite conclusions from the same facts, and editorial cartoonists often exaggerate facts to make their point.
What the victim must prove to establish that defamation occurred
The law of defamation varies from state to state, but there are some generally accepted rules. If you believe you are have been "defamed," to prove it you usually have to show there’s been a statement that is all of the following:
- published
- false
- injurious
- unprivileged
Let’s look at each of these elements in detail.
1. First, the “statement” can be spoken, written, pictured, or even gestured. Because written statements last longer than spoken statements, most courts, juries, and insurance companies consider libel more harmful than slander.
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