Difference between Libel and Slander
Basis |
Libel |
Slander |
---|---|---|
Meaning |
The spread of a false assertion in written or visual form that harms the reputation of an individual, group, service, nation, governmental entity, religion, or community. |
Defaming (sending a false message that harms the reputation) of a person, business, product, organization, government, religion, or country by spoken words or nonverbal cues. |
Type |
Tangible, because it involves a permanent record, such as written or visual communication that can be preserved and referred to later. |
Intangible, because it involves spoken words or nonverbal cues that may not leave a permanent record and are more fleeting in nature. |
Burden of Proof |
In English law, the defendant; in American law, the plaintiff. |
In English law, on the defendant; in American law, on the plaintiff. |
Cause for Action |
A false statement that the speaker knew or should have known to be false that is disclosed to a third party and harms the subject of the communication. |
A false statement that the speaker knew or should have known to be false that is disclosed to a third party and harms the subject of the communication. |
Punishment |
Usually amicable and financial. It is illegal to criticize public leaders in a seditious manner. |
Usually amicable and financial. |
Special Damages |
Plaintiffs alleging slander have to show special damages. |
Doesn’t require the plaintiff to prove special damages. |
Example |
New York Times vs. Sullivan |
Food Label Law |
Difference between Libel and Slander
Libel and Slander are types of defamation, where untrue statements are made that damage someone’s reputation. The key difference lies in the medium: libel refers to written or published defamation, such as in newspapers, magazines, or online posts, while slander is spoken defamation, typically conveyed through speech, gestures, or broadcast media. Both can have serious legal consequences, but the distinction in the medium is crucial in determining the appropriate legal recourse.
Table of Content
- What is Libel?
- What is Slander?
- Difference between Libel and Slander
- Conclusion
- Difference between Libel and Slander- FAQs
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