The term “defamation” refers to a person making false and malicious statements about someone else, either through written or spoken word. Defamation law applies when someone’s words damage another’s livelihood or reputation. Defamed individuals may sue the person responsible for the defamation in civil court.
Any statement that damages another person’s reputation is considered defamation of character. There are laws in place to prevent people from ruining others’ careers, reputations, and personal lives. Nevertheless, citizens have the right to speak freely about one another without fear of litigation. Defamation laws attempt to balance this freedom of speech.
What Is Publication?
A publication is the delivery or announcement of a defamatory statement to another person through any medium.
Concerning libel, the defamatory statement must be communicated through a tangible medium, generally meaning it is published in a:
- Book
- Pamphlet
- Newspaper
- Website
By contrast, with respect to slander, a statement is considered published when it is communicated orally.
When Does Publication Occur?
Defamatory statements are generally published when one individual sees or hears them. The United States has a long history of protecting free speech. As a result, courts will sometimes require more action than just the act of seeing a defamatory statement in print to determine when publication occurs because of the First Amendment.
A libelous statement may be published in one of the following circumstances:
- Once the defamatory statement is first mass distributed,
- When the defamatory statement is made available to the general public,
- When the defamatory statement is released for sale “in accord with trade practices,” or
- Once the defamatory statement is delivered to a wholesaler or distributor
What Is Libel?
Libel is the making of false statements about another person or business. Libelous statements or visual depictions must be written or contained in a permanent form, such as writing, a picture, or a sign. Libel can damage a person’s reputation because a large number of people can read it.
A false statement must be defamatory to be considered libelous, which means that it actually harms the reputation of the other person rather than merely being offensive or insulting.
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.
Who Can File a Libel Claim?
A libel suit can be filed by living persons, corporations, unions, or any other entity that is considered a “person” under the law. The official can sue for libel if a statement is directed directly at a government official.
How Can I Prove Libel?
Certain elements must be proven for a libel claim 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 it.
- The defamatory statement must have damaged your reputation for you to prove damages.
Libel vs. Slander: What’s the Difference?
Defamation in writing, such as in a book or newspaper, is libel. Businesses can also be sued for libel, not just individuals. Libel can also refer to statements made on radio, audio, or video.
Libel damages a person’s reputation because a large number of people can access defamatory information. The libel must actually harm the other person’s reputation to be recoverable.
The act of slander involves the use of defamatory words. Slander involves making defamatory remarks to a third party and having them heard by them. Slander differs from libel in how it is 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?
Since libelous defamation is generally more harmful than slander, courts tend to view libelous cases as more serious. Sometimes it is difficult to tell the difference between libel and slander.
The court is more likely to consider libel if the defamation is permanent, such as an article or recording. Damages are often at issue in many cases.
Libel damages are presumed when a plaintiff proves “on its face” that a statement was libelous. The specifics and amount of loss (special damages) need not be proven. However, if the statement was slanderous, the plaintiff will likely have to prove special damages.
In general, libel and slander are civil claims. Some states recognize criminal defamation. The majority of state criminal libel statutes recognize statements that cause a breach of peace, as well as statements that expose someone to hatred, mockery, or contempt.
Libel claims can be brought by living individuals as well as legal entities, such as corporations and unions. This definition applies to any entity considered a “person” under the law. If statements are directed at government officials individually, they can bring a lawsuit for libel.
Libel and Slander as Evidence of Defamation
Libel and slander laws vary from state to state regarding how they can be used to prove defamation. In order to prove that a statement was defamatory, some general rules must be met. Rather than simply being insulting or offensive, false statements must actually harm the other person’s reputation.
Defamatory statements include those that are:
- Published: Under legal definitions, “statement” refers to something that can be spoken, written, pictured, or gestured. An unpublished statement is one that has been seen or heard by a third party but has not been published in a book or magazine. This definition includes radio, speeches, television, social media, and even loud conversations;
- False: Defamatory statements must be objectively false. True statements are not considered harmful to others;
- Injurious: The plaintiff must prove that the statement harmed them somehow. A defamatory statement might result in them losing their jobs or being shunned or harassed by neighbors;
- Unprivileged: The defamatory statement must also be unprivileged. Therefore, in some circumstances, such as when witnesses testify in court or lawmakers speak in a legislative chamber, they are not liable for any defamatory statements.
You should document all the details if you believe someone has libeled you.
Does the Time of Publication Matter for My Libel Case?
In a libel case, the exact publication time is crucial. In general, the time of publication will affect a libel case in two ways:
- Statute of Limitations: Depending on when the publication of a defamatory statement took place, that is when the period of limitations begins to run. Knowing the exact time of publication can be very important if a statute of limitations is at issue.
- Damages: The publication time can greatly impact the damages a defamed person can recover. A person has generally suffered more damages the earlier the publication date.
Can I Recover Damages?
A successful libel claim usually results in monetary damages, but punitive damages can sometimes be awarded if the defendant maliciously made the statement.
There is a difference in damages depending on whether the plaintiff is a private or public figure. It is your responsibility as a public figure to prove falsehoods and actual malice without regard to 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 Attorney?
Suppose you believe you are the target of libel, or you are being sued for libel, and the time of publication is an issue. In that case, it is highly recommended that you contact a personal injury attorney. A lawyer will be able to clarify any relevant issues, help determine when the publication took place, and assist in defending your rights.
