Libel Lawyers

False statements about another person or business constitute libel. In order to be deemed libelous, a statement or visual depiction must be written or contained in a permanent form, such as a writing, a picture, or a sign. A person’s reputation can be damaged by libel because a large number of people can read it.

To recover for libel, the false statement must be defamatory, which means that it actually harms the reputation of the other person rather than being merely insulting or offensive.

What Are Defamation Laws?

The term “defamation” refers to a person making false and malicious statements about someone else, either through written or spoken word. Defamation law works to remedy situations in which someone’s words cause harm to another’s livelihood or reputation. Defamed individuals may sue the person responsible for the defamation in civil court if they have been defamed.

Defamation of character refers to any statement that damages another person’s reputation. The United States has laws in place to prevent people from ruining other people’s careers, reputations, and personal lives. Citizens, however, have the right to speak freely about one another without fear of litigation. Defamation laws attempt to balance this freedom of speech.

Is a Libel Claim a Civil or Criminal Claim?

Libel and slander are usually civil claims, but some states recognize an action for criminal defamation. Most state criminal libel statutes recognize statements that cause a breach of the peace and may criminalize published statements that impeach honesty or expose someone to hatred, mockery, and contempt.

Libel Claims: Who Can File Them?

Living persons, corporations, unions can file libel suits, and any entity considered a “person” under the law. A government entity cannot sue for libel, but a government official can if a statement is directed directly at them.

If I am Claiming Libel, How Can I Prove It?

Libel claims must prove certain elements in order to succeed:

• If you believe someone has libelously spoken against you, it’s imperative to document everything.
• It is your responsibility to prove that the statement is false and untrue. The plaintiff has the burden of proving that the statement is false.
• You are responsible for proving that the defendant made the statement about your reputation and character.
• You are responsible for establishing whether the defamatory statement was made to the public or to a third party who actually heard or read it.
• There must be proof that the statement was about you and that the third party recognized that it was about you.
• The defamatory statement must have damaged your reputation in order for you to prove damages.

Libel vs. Slander: What’s the Difference?

Libel is the act of defaming someone in writing, such as in a book or newspaper. Libel can also cover businesses, not just individuals. In addition, libel can refer to published statements that are made on radio, audio, and video.

Since a large number of people can read defamatory information, libel is considered to be damaging to a person’s reputation. The false statement must actually harm the reputation of the other person in order to recover for libel.

Slander is the use of defamatory words. In slander, defamatory remarks are spoken and heard by a third party. Libel and slander differ in how they are published.

Recently, it has been determined that there are not many differences between the two terms. In fact, the Illinois Supreme Court explained in the Bryson v. News America Publication, Inc. case that “libel and slander are now treated alike, and the same rules apply to a defamatory statement regardless of whether the statement is written or oral.”

What Is the Significance of the Distinction?

Libelous defamation is generally more injurious than slander, so courts usually regard libelous cases as more serious. Libel and slander can sometimes be difficult to distinguish.

A court is more likely to consider libel if the defamation is more permanent, such as an article or recording. In many cases, it comes down to damages.

Damages are presumed when a plaintiff proves “on its face” that a statement was libelous. Specifics and amount of loss (special damages) do not need to be proven. However, if the statement was slanderous, the plaintiff will likely have to prove special damages.

Libel and slander are generally civil claims. Criminal defamation is recognized in some states. A majority of state criminal libel statutes recognize statements that cause a breach of peace and may criminalize published statements that are dishonest or expose someone to hatred, mockery, and contempt.

Legal entities, such as corporations and unions, may bring libel claims as well as living individuals. Any entity considered a “person” under the law is covered by this definition. Government entities can’t bring a lawsuit for libel, but government officials can if statements are directed at them individually.

Libel and Slander as Evidence of Defamation

Different states have different laws regarding how libel or slander can be used to prove defamation. To prove that a statement made was defamatory, one must prove some general rules. False statements must actually harm the reputation of the other person, as opposed to simply being insulting or offensive.

Defamatory statements include those that are:

• Published: Under legal definitions, “statement” refers to something that can be spoken, written, pictured, or gestured. Published statements are those that have been seen or heard by a third party but are not necessarily published in a book or magazine. In addition to radio, speeches, television, social media, and even loud conversations are included in this definition;
• False: Defamatory statements must be objectively false. This is because true statements are not considered to be damaging to others.;
• Injurious: The plaintiff must prove that the statement harmed them somehow. An example of this would be if they lost work because of the statement, or they were shunned or harassed by neighbors because of defamatory remarks; and
• Unprivileged: The defamatory statement must also be unprivileged. As a result, in some circumstances, such as when witnesses testify in court or lawmakers speak in the legislative chamber, they are not liable for any statements that would otherwise be defamatory.

You must document all the details when you think someone has committed libel against you.

Can I Recover Damages?

Money damages are usually awarded for a successful libel claim, but punitive damages may sometimes be awarded if you can prove that the defendant maliciously made the statement.

The amount of damages depends on whether the plaintiff is a private or public figure. As a public figure, you must prove that the allegations are false, and you must prove actual malice with reckless disregard for the truth.

If you are a private citizen who is not in the public eye, you do not have to prove malice and only have to prove that the statement was made negligently without verifying its accuracy or truth.

Do I Need an Experienced Libel and Slander Lawyer?

A lawyer can assist you with the time-consuming and difficult procedures involved in filing a lawsuit. A lawyer can also help you if your employer has treated you unfairly because you filed defamation charges against them. If you are an employer being sued by a former employee for libel, you should speak to a personal injury lawyer immediately.

Depending on the circumstances of your case, an experienced personal injury attorney can inform you of your rights and determine whether any defenses are available to you. As well as compiling evidence to support your claim, the attorney can also represent you in court.