Torts

Lesson 27: Libel vs. Slander

As part of our Defamation series, this lesson focuses on the key differences between libel and slander. Both are forms of defamation, but they differ in various aspects that are crucial in understanding torts law.

What is Libel?

Libel refers to defamation that is published in a fixed medium, typically written or printed words, but can also include pictures, signs, or electronic broadcasts. Essentially, libel is any defamation that has a degree of permanence.

Libel is defamation that is published in a permanent form.

For an in-depth read on libel, check out Defamation Law: Libel and Slander.

What is Slander?

Slander, on the other hand, refers to defamation that is spoken and has a transient form. This includes verbal statements and gestures. Slander is often considered less harmful than libel due to its fleeting nature, but it is still actionable under tort law.

Slander is defamation that is spoken or otherwise communicated in a transient form.

Key Differences Between Libel and Slander

The primary differences between libel and slander are:

Medium: Libel is published in a fixed medium, whereas slander is spoken.
Permanence: Libel has a degree of permanence while slander is transient.
Proof of Harm: Slander often requires the plaintiff to prove actual harm, whereas libel is presumed to cause harm.

flowchart TD A["Defamation"] B["Libel"] C["Slander"] A --> B A --> C B --> D["Written"] B --> E["Printed"] B --> F["Electronic"] C --> G["Spoken"] C --> H["Gestures"]

Examples of Libel and Slander

Consider these examples to understand the concepts better:

Libel: A newspaper article falsely accusing someone of a crime.
Slander: A person verbally spreading false rumors about someone's professional conduct at a public event.

Legal Consequences

Both libel and slander can result in legal consequences. The plaintiff must prove the following:

That the statement was defamatory.
That the statement was published or spoken to a third party.
That the statement caused harm.

Libel Case Example

An example of a famous libel case is the New York Times Co. v. Sullivan case, where the U.S. Supreme Court established the standard of "actual malice" in cases involving public figures.

Slander Case Example

In slander cases, proving actual harm is critical. For instance, in SLAPP suits, the defendant must show tangible losses such as loss of job or emotional distress.

Note: The burden of proof in defamation cases can vary. For libel, harm is often presumed, whereas for slander, proving actual harm is usually necessary.