2.2 Libel vs. slander

Libel and slander are two forms of defamation that can harm someone's reputation. Libel involves written or published false statements, while slander refers to spoken defamation. Both can lead to legal consequences if proven in court.

To win a defamation case, plaintiffs must show the statement was false, caused harm, and was made without proper research. Public figures face a higher burden of proof, needing to demonstrate actual malice, while private individuals typically only need to prove negligence.

Libel vs slander

• Defamation is a false statement that harms someone's reputation, and libel and slander are two types of defamation
• Libel is written defamation, while slander is spoken defamation
• To prove defamation, the statement must be false, cause harm, and be made without adequate research into the truthfulness of the statement

Defamation of character

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• Defamation of character is a catch-all term that encompasses both libel and slander
• Occurs when someone makes a false statement of fact that harms the reputation of an individual, business, product, group, government, or nation
• The statement must be published or communicated to a third party
• The statement must be false and cause harm to the subject's reputation (loss of business, damaged relationships, etc.)

Libel in print media

• Libel is defamation that is written or published, such as in a newspaper, magazine, or online
• Includes false statements published in print, online, or broadcast through radio, TV, or film
• Examples of libel include a newspaper publishing a false story that damages someone's reputation or a website posting a harmful statement about a business that is untrue

Slander in spoken word

• Slander is defamation that is spoken, such as in a speech, interview, or casual conversation
• Includes false statements spoken at a meeting, public event, or even in a private conversation
• Examples of slander include a public figure falsely accusing someone of a crime in a TV interview or a person spreading a harmful rumor about a coworker that is untrue

Proving defamation claims

• To prove defamation, the plaintiff must show the statement was false, caused harm, and was made without adequate research into the truthfulness of the statement
• The burden of proof varies depending on whether the plaintiff is a public or private figure
• Public figures must prove "actual malice", while private figures typically only need to prove negligence

Public vs private figures

• Public figures are individuals who have achieved fame or notoriety, such as celebrities, politicians, or business leaders
• Private figures are individuals who are not in the public eye and have not voluntarily thrust themselves into a public controversy
• Public figures have a higher burden of proof in defamation cases because they have voluntarily placed themselves in the public spotlight

Actual malice standard

• The actual malice standard applies to defamation cases involving public figures
• To prove actual malice, the plaintiff must show the defendant knew the statement was false or acted with reckless disregard for the truth
• This higher standard protects free speech and freedom of the press by making it more difficult for public figures to win defamation cases

Negligence standard

• The negligence standard applies to defamation cases involving private figures
• To prove negligence, the plaintiff must show the defendant failed to exercise reasonable care in researching and publishing the statement
• This lower standard makes it easier for private figures to win defamation cases and recover damages

Truth as a defense

• Truth is an absolute defense to defamation claims
• If the defendant can prove the statement is substantially true, even if it is not 100% accurate, they cannot be held liable for defamation
• The burden of proving truth falls on the defendant, not the plaintiff

Opinion vs fact

• Statements of opinion are generally protected from defamation claims because they cannot be proven true or false
• However, an opinion can be defamatory if it implies a false statement of fact
• The line between opinion and fact can be blurry, and courts consider the context and circumstances surrounding the statement

Retraction and correction

• Many states have retraction statutes that allow defendants to mitigate damages by retracting or correcting a defamatory statement
• A retraction is a public withdrawal of the false statement, while a correction is a public statement that sets the record straight
• Retractions and corrections can limit damages but do not necessarily absolve the defendant of liability

Damages in defamation cases

• Plaintiffs in defamation cases can seek various types of damages, including compensatory, punitive, and presumed damages
• Compensatory damages cover actual losses suffered by the plaintiff, such as lost wages or business opportunities
• Punitive damages are intended to punish the defendant for particularly egregious conduct and deter future wrongdoing
• Presumed damages assume the plaintiff suffered harm even without specific evidence of losses

Defamation and the First Amendment

• The First Amendment protects freedom of speech and freedom of the press, which can conflict with defamation law
• Courts have sought to balance these competing interests by establishing different standards for public and private figures
• The Supreme Court has ruled that public figures must meet a higher burden of proof to protect robust public debate and avoid chilling free speech

Defamation in the digital age

• The rise of the internet and social media has created new challenges for defamation law
• Online platforms allow individuals to publish false statements to a wide audience quickly and anonymously
• Courts have grappled with questions of jurisdiction, liability for user-generated content, and the role of intermediaries like internet service providers

International defamation laws

• Defamation laws vary widely around the world, with some countries providing stronger protections for free speech than others
• In some countries, defamation is a criminal offense that can result in fines or even imprisonment
• The United States has some of the strongest free speech protections, while countries like the United Kingdom and Australia have more plaintiff-friendly defamation laws