What is the difference between defamation and libel

Something defamatory that is printed in a newspaper or book was called libel, but the same thing, if spoken, was called slander. Under the Broadcasting Services Act Cth , the publication of defamatory matter over radio or television is deemed to be in permanent form and is, therefore, libel [s ]. However, since the introduction of the Defamation Act SA on 1 January , the distinction between slander and libel has been abolished and the publication of defamatory matter of any kind is actionable.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Learn the basics of defamation law, and what goes into a valid claim for libel or slander. Defamation, Harm to Reputation, and Free Speech The essential harm alleged in a defamation claim is often defined as something along the lines of "damage to the plaintiff's reputation in the community.

The Essential Elements of Defamation The two kinds of defamation slander and libel are discussed below. Slander Versus Libel Before the advent of modern media, there were only two kinds of communication: spoken and written. Elements of Slander There are two types of slander: slander and slander per se. While the categories may change a little from state to state, and evolve over the years, some of the most common slander per se categories are: imputing criminal conduct to the plaintiff saying that the plaintiff has certain types of communicable diseases, and any harmful statement about the plaintiff's profession or business.

Elements of Libel If the defamatory statement falls into the category of libel, the plaintiff only needs to prove the essential elements, i. Defamation Damages Once the plaintiff has successfully proved defamation, "general damages" are presumed. Defenses to a Defamation Claim Generally, if the defendant can prove that what he or she said or published about the plaintiff was true, the plaintiff will lose the case.

Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral. Historically, the distinction between libel and slander was significant and had real-world implications regarding how a case was litigated including the elements that had to be proven and who had the burden of proof. Illinois courts have changed their approach, however, as the Illinois Supreme Court explained in Bryson v. News America Publication, Inc.

At common law, libel and slander were analyzed under different sets of standards, with libel recognized as the more serious wrong. Illinois law evolved, however, and rejected this bifurcated approach in favor of a single set of rules for slander and libel. Libel and slander are now treated alike and the same rules apply to a defamatory statement regardless of whether the statement is written or oral. The tort of defamation sometimes referred to as defamation of character can be divided into claims involving two distinct types of statements: defamatory per se statements and defamatory per quod statements.

In the US, with libel, there is no need to prove financial damages in order to win a case in court. If a person printed libelous material, that person can be sued for libel regardless of the effect on the plaintiff. In the case of slander, there is a need for the plaintiff to prove financial damages caused by this defamation. This is due to the transitory nature of the defamation. A public figure must prove actual malice while a private individual must only prove negligence to collect compensatory damages.

A public figure, Montgomery Public Safety commissioner, L. Sullivan, claimed to be defamed by an advertisement criticizing the Montgomery police. The Supreme Court ruled against Sullivan. This case set the precedent of needing to prove malice in defamation. Oprah Winfrey was at the receiving end of a famous slander suit. Winfrey publicly disparaged beef in the context of the mad cow scare. The plaintiff needed to prove that Winfrey had knowingly and deliberately spread the false information with malice.

Similarly to the Sullivan case, the defendant prevailed in the name of free speech. A famous case of slander in the U. Share this comparison:. If you read this far, you should follow us:. Diffen LLC, n.