Personal Injury Hotline.com | Personal Injury Lawyers | 24/7

free legal consultation

Get Free Legal Consultation
24/7, Evenings & Weekends
CALL NOW: 1-800-234-5529
TEXT US AT: 516-268-3959
  • Home
  • About Us
  • The PIH Difference
  • Types of Cases
  • FAQ’s
  • Blog
  • Contact
You are here: Home / News / Understanding Defamation … Slander … Libel

Understanding Defamation … Slander … Libel

April 14, 2015 by Personal Injury Hotline 4 Comments

ID-100160832Everyone has heard of the terms: defamation, slander and libel. But not all understand the meanings of the words or the elements necessary to bring a successful lawsuit involving those legal concepts.

Defamation, quite simply, is any statement that harms someone’s reputation. If the statement is written, it is called “libel.” If the statement is spoken, it is called “slander.”

Defamation law can be tricky to understand. The law aims to strike a balance between free speech (the distribution of information, ideas and opinions) and protecting individuals from having falsehoods told about them.

While the law of defamation varies from state to state, there are many generally accepted rules. In order to have a good claim of defamation, the following elements need to be proven:

1. The statement was published
2. The statement was false
3. The statement was injurious
4. The statement was unprivileged

A “statement” can be written, spoken or pictured. Written and pictured statements are more harmful than spoken statements as they tend to have a longer shelf life.

A statement is “published” when a third party hears or sees the statement. This means that someone other than the person making the statement or the person who the statement is about sees or hears the statement. As long as a third party to whom the statement has been communicated can understand the meaning of the statement, most courts will find the statement has been published.

A statement must be “false” for it to be considered damaging. Here is where it gets tricky. If someone is expressing an opinion, it is generally not considered defamation, because it cannot be proven to be objectively untrue. If I were to say, “that is the ugliest woman I have ever seem in my life” it would not be defamatory because the statement could not be proven to be false.

A statement must be “injurious.” This is where many potential defamation cases fail. If someone suffers no damages, there is no viable claim to pursue. The whole point of defamation law is to compensate someone for injuries to their reputation. An injured party must show, for example, that because of the false statement, they lost work; suffered financial loss; were shunned by neighbors, friends, or family members. A person with a bad reputation to begin with most likely would not collect much in a defamation action.

A statement must be “unprivileged.” Under certain circumstances, even a provably false statement cannot be the basis for a defamation action. For instance, witnesses who testify falsely in court or at a deposition cannot be sued for defamation. They can, however, theoretically be prosecuted for perjury. The reason for this is a matter of public policy. Lawmakers believe that free speech is so important that witnesses should not be worried about being sued for defamation. In fact, lawmakers are not liable for statements made while in legislative session, even if they say or write something that might otherwise be considered defamatory.

Defamation law deals with a delicate balancing act. We all believe in free speech but also believe that a person’s reputation/livelihood should not be harmed due to lies. While many people say rude and disparaging things about others, many of those slaps in the face do not rise to the level of actionable defamation because either the statements are true (or just opinions) or no damages have been suffered.

If you feel you have been defamed, and have suffered damages (lost earnings, as well as pain and suffering, impairment to reputation and standing in the community, personal shame and humiliation) you should get a free consultation from a personal injury lawyer in your area.

Image courtesy of artur84 at FreeDigitalPhotos.net

Related

Filed Under: News

Personal Injury Hotline

About Personal Injury Hotline

Comments

  1. AvatarHenry1988 says

    June 9, 2015 at 9:10 am

    So if someone says in public, “I think you’re an a__hole, that’s not slander?

    Reply
    • John M DeProspo, Personal Injury HotlineJohn M DeProspo, Personal Injury Hotline says

      June 9, 2015 at 9:11 am

      Yes. It is an opinion.

      Reply
  2. AvatarRonny says

    November 2, 2015 at 4:15 am

    Fantastic material. Just what I ended up being searching for!
    Best regards,
    ps
    Check out your fresh SE position with http://www.lepsoft*.com

    Reply
  3. AvatarJohn Kruger says

    July 19, 2016 at 2:03 am

    Nice read! A lot of people around us get offended very easily. Sometimes even a harmless joke can be considered as an insult and attempt at defamation by these people. When communicating with people who aren’t close enough to you, these factors must be considered. Even if there is nothing legally wrong, the process itself can be difficult for both the parties involved.

    Reply

Leave a Reply Cancel reply

step1
Speak with a lawyer… CALL 1-800-234-5LAW
step1
Email us your question… CLICK HERE
step1
Get more information… CLICK HERE

Related

Recent Posts

  • Playground and School Accidents
  • How Does Having a Dog Affect Your Homeowners Insurance Rates
  • Will my insurance rates go up after an accident?
  • Should I go to the hospital / doctor after an accident?
  • Proving Negligence in your Personal Injury Case

Categories

  • Featured
  • News
  • Sliders

Welcome to Personal Injury Hotline.com

We are personal injury lawyers ready to answer your most basic legal question … “Do I have a case?”

Every minute of every day, someone is injured in an accident. And every minute of every day accident victims can find out their rights, and how to protect them, by calling, or emailing, Personal Injury Hotline.com.

No matter which method of communication you choose, the consultation is always fast, easy and FREE.

Personal Injury Hotline.com… where getting answers to your legal questions is as easy as 1-2-3.

Related

step1
Speak with a lawyer… CALL 1-800-234-5LAW
step1
Email us your question… CLICK HERE
step1
Get more information… CLICK HERE

Related

About Us

Personal Injury HotlinePersonal Injury Hotline was established in 1987 as a toll-free number 1-800-234-5LAW for accident victims in the New York/Metro area who wanted immediate answers to legal questions
Read More…

Recent Articles

  • Playground and School Accidents
  • How Does Having a Dog Affect Your Homeowners Insurance Rates

For Personal Injury Lawyers

If you are an established personal injury lawyer or law firm that:
(1) understands the Internet;
(2) have your own website and
(3) would like to learn more about how to increase your practice by becoming part of our group, please drop us an email.

Contact Us

Email us today for a Free Legal Consultation

Toll Free Number::
1-800-234-5LAW
Copyright © 2021 PersonalInjuryHotline.com · disclaimer · privacy policy
Personal Injury Hotline.com is a service of the law firm of Jeffrey S. Kimmel.
The Personal Injury Hotlinesm and PersonalInjuryHotline.comsm are servicemarks of Jeffrey S. Kimmel.