Defamation - Slander and Libel

While office gossip is generally as harmless as it seems, there are instances in which an individual can sue for damages when someone tries to give them a bad name. This is defamation, an aspect of tort law which allows one to seek monetary damages when a statement is made that claims, with an implication of complete truth, that may give an individual, business, product, group, government or nation a negative image. This negative image must result in some form of damage to emotional state or monetary standing. The one golden rule in both libel and slander defamation cases is that the negative image that was portrayed must be false. The statement must also have been communicated to someone other than the defamed person or entity.

There is some leeway in defamation suits in regards to the complete, undeniable truth of the defaming statement. One can still sue under the defamation law of false light even if the statement was technically true but still misleading. False light is only intended to protect emotional state or well-being and has more restrictions on damages than that of slander or libel defamation.

Libel

When a defamation lawsuit involving a false and damaging statement is taken out, the defamed party must indicate whether the type of defamation was slander or libel. Libel is when a harmful statement is published in a fixed medium of durable form such as a newspaper, magazine, newsletter, film, television broadcast, internet website . Whether or not libel can occur on blogs or internet bulletin or discussion boards is a hotly debated topic. The scope and frame of libel has grown rapidly as the internet becomes more and more of a vital source of publication in our society. Although the most common form of libel is a harmful statement in the form of written words, it can also be a suggestive picture, sign or electronic broadcast.

Slander

Slander is when the false, defaming statement is made through a fleeting form, such as speech, sign language or gestures. Both libel and slander cases require that the defaming statement or material was published. Random conversation such as gossip at a bar or around the office does not qualify as slander.

Publications and individuals alike need to use caution when publishing potentially damaging material. Defamation can be avoided as long as the facts are straight.

For more information on defamation, visit South Carolina area lawyers

Joseph Devine