Ricky Rickerson

Libel is written defamation. Slander is spoken defamation.

Courts typically consider libel to be more harmful than slander  because written statements last longer than spoken statements and can be  distributed more widely.

Technology is blurring the libel/slander distinction. But the biggest  difference between libel and slander—other than the means of  communication—is the additional requirement that plaintiffs alleging  slander have to show special damages. A slander per se claim doesn't  require the plaintiff to prove special damages.

Defamation is a civil wrong (called a "tort") in every state. A few  states still have criminal defamation laws on the books, but  prosecutions are rare.

The consequences of defamation vary from state to state. Plaintiffs  who successfully sue for defamation are typically entitled to monetary  compensation for damages, including:

• lost earnings
• future lost earning capacity
• lost business or economic opportunities
• past and future medical bills (like therapy expenses), and
• pain and suffering.

Pain and suffering in a defamation case typically includes compensation for mental anguish, emotional distress,  loss of standing in the community, loss of enjoyment of life, anxiety,  appetite loss, sleep disturbance, humiliation, and shame.

Libel and slander are methods of defamation. Libel is defamation in written form. Slander is defamation that is spoken out loud.

Libel is the publication of a false statement about someone in  writing that harms that person's reputation by exposing them to public  hatred, scorn, disgrace, ridicule, or shame.

Typical forms of libel include statements published in:

• books
• magazines
• newspapers
• newsletters, and
• on social media.

Written statements are libel per se when they are so widely  understood to be harmful that they are presumed to be damaging to the  plaintiff's reputation. Examples of statements that are libel per se  include statements that falsely claim that someone:

• committed a crime
• suffers from an infectious disease
• lacks professional integrity or competence, or
• engaged in adultery.

Someone can make a libelous statement about a person or business in  print or online. Examples of potentially libelous statements include:

• a social media post spreading a false rumor about a person having a sexually transmitted infection
• a Yelp review that falsely claims the reviewer got food poisoning at a restaurant
• a performance evaluation that falsely accuses an employee of stealing, or
• a letter to the editor falsely accusing an attorney of practicing without a license.

Libel is considered in context. If a writer describes an athlete as a  "pimp" in a glowing profile in a magazine, it probably isn't libel. In  the context of the profile, the writer is likely complimenting the  athlete, not accusing the athlete of a crime.

Slander is the communication of a false statement about someone by spoken word or gesture that harms that person's reputation.

Typical forms of slander include verbal statements at a town hall meeting or at a professional conference.

Technology is increasingly blurring the lines between spoken and  printed communications. Is a podcast an oral statement (slander) or a  written script read out loud (libel)? Are text messages more like a  conversation (slander) or a blog post (libel)?

Courts are split on whether to characterize broadcast speech and  digital communications as slander or libel. Some lawmakers and legal  scholars think courts should get rid of the categories altogether. Most  courts now focus on the permanence of the defamatory statement and how  widely the statement is distributed. Courts are likely to characterize  permanent and far-flung statements as libel, while more fleeting  statements that are made to a smaller audience are slander.

Slander, like libel, is divided into two categories: slander and slander per se.

Slander per se is the spoken word version of libel per se—a false  statement that is so obviously harmful that damage to a plaintiff's  reputation is presumed. Examples of slander per se include false  accusations of improper sexual conduct, criminal activity, or bad  business dealings.

Plaintiffs making non-per se slander claims have to show that the  defendant made a false statement of fact about them to at least one  other person and that they suffered "special damages"  as a result of the slander. Special damages are evidence that the  spoken words resulted in economic harm to the plaintiff, like getting  fired or losing customers.