Defamation, Libel and Slander

Defamation

The term defamation means a false statement made by one person (person A) about someone else (person B).

To constitute defamation, the statement must be hurtful and cause harm to person B.

Defamation, Libel and Slander

Proving defamation

To prove he or she has been defamed, Person B must prove all of the following:

• Person A's statement was false;
• The statement damaged Person B in some manner;
• The statement was communicated to a third party;

Defamation, Libel and Slander

Libel vs. Slander

Defamation, Libel & Slander

Defenses against libel

Truth.

Privilege: accurate reports about official proceedings cannot be libelous. 

Fair comment & criticism: this defense covers the expressions of opinion. 

Defamation, Libel & Slander

Public Officials vs. Private Individuals

In order to win a libel lawsuit, private individuals need only prove that an article about them was libelous, and that it was published.

But public officials – people who work in government at the local, state or federal level – have a tougher time winning libel lawsuits than private individuals.

Public officials must not only prove that an article was libelous and that it was published; they must also prove it was published with something called “actual malice.”

Defamation, Libel & Slander

Actual Malice

Actual Malice means that:

• the story was published with the knowledge that it was false. 

• The story was published with reckless disregard of whether or not it was false. 

Defamation, Libel & Slander

1964 U.S. Supreme Court ruling Times vs. Sullivan

In Times vs. Sullivan the court said that making it too easy for government officials to win libel suits would have a chilling effect on the press and its ability to aggressively report on the important issues of the day.

Since Times vs. Sullivan, the use of the “actual malice” standard to prove libel has been expanded from just public officials to public figures, which basically means anyone who is in the public eye.