The First Amendment of the United States Constitution protects the Freedom of Speech; however, there are limitations where an entity can take action against anyone who tries to use this freedom to jeopardize its reputation. Internet defamation is the act of presenting false assertions as reality and harming people or businesses in the process. It can result in a legal claim because it harms an individual’s or an organization’s reputation and financial potential.
There are two distinct types of defamation: slander and libel. However, do you know the difference between them? Let’s closely look at the difference between the two types of defamation so you can take the right action against it.
What is Defamation?
A false statement made to a third party that damages the plaintiff’s reputation and is presented as factual is known as defamation. To get compensation for defamation, a plaintiff or accused party must establish the defendant’s responsibility for the false statement. It all depends on who was falsely accused.
Libel and slander claims are the two main categories of defamation. Both types of defamation lead to civil action, but they have different characteristics.
Understanding Libel
When a false statement is published through writing of any form, it is called libel. The written accusation can be any printed or written in any format; books, magazines, newspapers, newsletters, social media, websites, and blogs are considered libel defamation.
Elements of Libel
According to the best law firm in New York, a plaintiff needs to demonstrate the following things to establish libel:
- An incorrect statement, which is in written form.
- The statement has been spread to third parties by publication or other means.
- The defendant was at fault (due to carelessness or deliberate maliciousness).
- The plaintiff suffered consequences, including damage to their reputation, financial loss, disapproval, scorn, public hatred, ridicule, or humiliation.
What is Libel per se?
If certain written statements are inaccurate, careless, or done with actual malice, they may be considered libel per se because they can negatively affect a person’s or company’s reputation. If a defendant makes any of these kinds of claims, the plaintiff is entitled to compensation without having to prove their damages separately.
Examples of statements that fall under libel, as per the legal professionals, are:
- The statement claims that the entity was engaged in criminal activity,
- The statement claims that the entity committed adultery,
- The statement claims that the entity did not provide services with proper professionalism,
- The statement claims that the entity is not competent in its field.
A victim need only demonstrate that these statements are false and that the defendant acted carelessly or maliciously when publishing them in print, even if they do not need to demonstrate that the remarks caused them harm.
Understanding Slander
A false statement in verbal or spoken form that harms someone’s reputation is called slander, which is another form of defamation. In the past, this would include making up information in public, such as at a town hall or conference.
The laws of the state may vary, but in general, impulsive statements made to smaller groups are more likely to be categorized as slander, whereas planned statements, or those made to larger groups and documented, are more likely to be classified as libel.
Elements of Slander
Let’s understand the elements of slander that are comparable to those of libel:
- Spoken a false statement regarding an entity’s work ethic, personal or professional values,
- The communication of the false statement to third parties,
The difference in complexity between proving libel and slander can be attributed to the lack of a written record of the harmful statement. In libel trials, publication can be used by the plaintiff to demonstrate harm.
What is Slander per se?
Slander per se is the spoken version of libel per se. It is when the spoken statements brutally damage the brand’s or individual’s reputation such that the damage can be easily estimated. Some of the examples of slander per se include false accusations of improper sexual conduct, criminal activity, or bad business dealings. In such cases, the victim can be slander per se claims.
However, if the victim is making non-per se slander claims, then it is essential to present proof that the victim suffered special damages due to slander. Special damages refer to getting fired or losing customers.
Difference Between Libel and Slander
The main differences between slander and libel defamation include the following:
- The form of communication: Written defamation is referred to as Libel, while oral defamation is known as Slander.
- Permanence: While slander is often temporary, libel is permanent since written statements can be preserved and circulated repeatedly.
- Proof of harm: In a slander case, evidence that the spoken word caused harm is required, whereas, in a libel action, the plaintiff needs to establish the presence of a written statement.
Final Words,
Libel and slander are two types of defamation that can seriously damage a person’s, company’s, or organization’s reputation. While misleading and damaging statements are part of both forms of internet defamation, the communication methods employed are different. Individuals and companies can prevent these claims by being aware of these differences and understanding the legal implications of each.
Consult the best law firm in New York if you think you have been the victim of defamation. We at the Centurion Law Firm have successfully litigated and settled cases involving defamation, trade libel, internet defamation, and cyber smear campaigns for clients throughout New York and Chicago. Contact us online or call our toll-free number, 631-224-7000, to arrange a consultation with one of our skilled attorneys.
