Libel

Libel refers to publishing a statement about a certain person using such media platforms as the internet, television or radio that is fabricated and threatens to harm either the livelihood or reputation of an individual targeted. Libel can also be made in written form. Libel is viewed as a tort, and consequently, it can be the basis of a lawsuit.

Unlike libel, slander is a defamatory speech that was not made in a written form or published. However, slander and libel are different types of defamation. 

In the United States there was a time when libel as well as indecency and fighting words were not covered by First Amendment Freedoms. Later, during the 20th century this changed in favor of free speech. Therefore, there are cases when free speech is favored over the defense of people who call themselves victims of statements that injure their reputation. Even negative comments on the internet can be considered libel if they are not opinion-based. 

It is important to note that:

• Since broadcast media is able to reach quite large audiences and involves oral speech; it is nevertheless considered lebel. 
• When leaving mean-spirited and disparaging comments online, one should be careful because these comments can be considered libel, and therefore, the person who has committed the libel can indeed be prosecuted. 
• Opinions on something or someone (e.g. “It is my personal opinion, how I think and how I feel…”) cannot be persecuted as a libel because they are not a fact and just a matter of opinion.

Despite the fact that statements such as “That is my opinion” and “I think” usually are a strong defense, they cannot make a person innocent in case they truly committed a libel. For instance, let's imagine that Spencer wrote and then proceeded to publish a statement saying “I think Fred killed his wife”. In this case, Spencer can in fact be vulnerable to libel because this statement suggests that he had actual reasons to believe such a statement was truthful.

Proving libel

Sometimes, the target of the disparaging and negative comments doesn't have to make a claim, that it was harmed in any way because of the comments received. There are several types of disparaging statements that are considered to be damaging even if they didn't cause a victim any harm. They are accusations of sexual misconduct, criminal activity allegations, spreading rumours that someone has contagious diseases, and allegations of unprofessional business conduct.

Usually, it is rather difficult for public figures to prove libel because the libel needs to demonstrate “actual malice” so that a public figure could sue. 

Factual errors, such as one’s height, weight or age are not considered to be libel.

In case, if the defendant can show that the statement broadcasted or written against them is false, they can raise an affirmative defense, and thus, the truth is going to be recognized as a complete defense. Hence, a true statement can be protected against a claim of defamation. 

The Sullivan case was concerning the advertisement placed in the New York Times, asking readers to donate money to a fund for Martin Luther King Jr. However, it had several inaccuracies. The court made the decision that the daily newspaper wasn’t committing libel. In fact, the court ruled that the target of the claim has to show that the false claim was made with private knowledge. 

Some argued that this very case cleared the way for the civil rights movement.

Differences cetween libel and slander

The main difference between libel and slander is that libel is a written statement, while slander is a spoken statement. Interestingly enough, despite the fact that it seems that negative or disparaging comments that are stated on the internet should be considered libelous, they are, in fact, viewed as slanderous. Because it is thought that the content that has been published on the internet can be compared with speech, unlike print media.

In order to better show the difference between libel and slander let us provide examples of each.

A great example of libel would be if a newspaper would publish an article that contains false information about someone, that can damage one’s reputation. 

On the contrary, slander is a statement that doesn't have to be published. So, for example, if Megan publicly states that Helen stole her credit card, that can be considered slander.