Libel vs. Slander

Defamation is the deliberate dissemination of untrue and offensive information, whether in writing or verbally, with the intention of damaging another person's reputation, undermining that person's standing, or arousing negative, hostile, or disagreeable attitudes or feelings about them.

What is Defamation?

"Achieve a balance between a person's right to free expression and another person's right to protect their reputation." Defamation is defined as any maliciously false statement made in writing or verbally that damages a person's reputation, undermines public perception of them, causes them to lose favor with others, or stirs up negative emotions such as hostility or dislike. Making false claims about someone else that harm their reputation is known as defamation. It is an unflattering remark about someone. False statements made with the intent to harm someone's reputation are known as defamation.

A communication of a matter that tends to harm the plaintiff's reputation among right-thinking people or to discourage them from associating with or doing business with him may be considered defamation. This individual need not be the one who is the target of the communication. Defamation is defined as the defamation of another person's reputation through their words, whether spoken or written, signs, or other visual representations.

A tort that results from a reputational injury is defamation. It is the act of hurting the reputation of someone by making a false statement to another person. Defamation is a violation of one's reputation. The purpose of the defamation legislation is to shield a person's reputation from unjustified criticism. In actuality, it primarily has the effect of stifling free expression and shielding influential people from criticism. People can file lawsuits against those who make or publish defamatory remarks.

Libel

When a false assertion is printed in any kind of written form, it is libel. Print, written words, visuals, or electronic communications like −

• Magazines, newspapers, and newsletters

• Social media platforms: blogs

• Libel occurs when a fraudulent assertion has a physical (or digital) embodiment.

Elements of Libel

In order to establish libel, the plaintiff must demonstrate −

• In writing, a fabricated declaration was made.

• The claim was made public or otherwise shared with third parties.

• The accuser was at fault (either because of negligence or actual malice).

• The plaintiff suffered suffering, including reputational damage, economic loss, derision, contempt, and ridicule or embarrassment from the public. While a victim need not demonstrate that the remarks caused them injury, they must nonetheless demonstrate that the statements are false and that the defendant displayed them in print recklessly or with actual malice.

Slander

Slander is a form of defamation that happens when a false assertion is made out loud and harms someone's reputation. This used to involve saying something false in public, like at a town meeting or business conference.

Nonetheless, it has become more challenging to distinguish between libel and slander as technology has developed. For instance, podcasts are vocal statements that are released digitally, yet text messages may be construed as more slanderous than social media comments because they resemble phone calls more than text messages (which would mean they were classified as libel).

State laws may vary, but it's more probable that spontaneous remarks made to smaller groups will be categorized as slander than prepared remarks and/or remarks made to larger groups that are recorded will be categorized as libel.

Ingredients

The components of slander, which are comparable to those of libel, consist of −

• An oral bluff that contains untruths

• The sharing of that statement with outside parties

• Defendant's error in judgment

Injury to the Claimant

Because there is no written record of the damaging statement, proving slander as opposed to libel may be more challenging. In libel proceedings, the act of publication might aid the plaintiff in demonstrating harm. When a comment is one that would obviously injure one's reputation, slander per se entitles the victim to damages without separately demonstrating the statement was harmful. The same claims that can lead to a successful defense of liberalism per se can also lead to a successful defense of slander per se.

Basis	Libel	Slander
Definition	Defamation is the dissemination of a false statement that damages the reputation of a person, organization, service, community, governmental body, religion, or country in written or visual form.	Using spoken words or body language to defame (communicate a false message that damages the reputation of) a person, company, product, group, government, religion, or nation.
Form	Tangible	Intangible
Burden of Proof	On defendant in English law; On plaintiff in American Law.	On defendant in English law; On plaintiff in American law.
Cause of Action for Suit	A false statement that is published to a third party and causes harm to the subject of the communication that the speaker knew or should have known to be false.	A false statement that is published to a third party and causes harm to the subject of the communication that the speaker knew or should have known to be false.
Negation	If statement in questions stands to be the truth.	If statement in questions stands to be the truth.
Punishment	Generally civil, monetary. Seditious libel – crime to criticize public officials	Generally civil, monetary.
Legal Implications	No need to prove financial damages	No need to prove financial damages
Famous Cases	New York Times vs. Sullivan	Food Label Law

Conclusion

Libel is the term for defamation that occurs when a statement is expressed in writing and published in a manner that is both permanent and obvious. Slander is the term used for defamation when the statement is delivered verbally. Under Sections 499 and 500 of the IPC, defamation may be the subject of a civil claim or a criminal charge.

FAQs

Q1. Which is an illustration of libel?

Ans. A defamatory comment about a person or company can be made in print or online. Examples of utterances that could be defamatory include a social media message that circulates a false rumor about someone having an STI.

Q2. What does slander mean?

Ans. The most typical instances of defamation as such include charging the plaintiff with crimes. declaring that the plaintiff suffers from specific infectious diseases Creating false claims regarding the plaintiff's profession or business