Slander And Libel

en Español

When someone spreads something negative about you, you may wonder if you have a lawsuit against that person.

"Defamation" is a false statement communicated to someone else that is intended to damage your reputation or good name. Defamation through writing is called "libel." Spoken defamation is called "slander."

Libel

To recover against someone who has libeled you, you must prove the written false statement was:

• "Defamatory," that is, it harmed your reputation (as opposed to being just offensive or insulting)
• Published to at least one other person
• About you specifically
• Made with the intent to fault you

For most people, being described to others as "ugly" may be offensive or insulting, but it doesn't damage your reputation. But if you're a supermodel who makes her living based on her looks, being described as "ugly" by the head of a modeling agency could be defamatory.

Different standards of fault apply, depending on who you are. If you're a public official or figure, such as a politician, celebrity or some other well-known person, you'll have to prove you were defamed with "actual malice." You'll have to show that the person defaming you knew the statement he or she was making was false or recklessly disregarded whether or not it was false.

If you're not a public figure, you'll only have to prove that the person defaming you was negligent, failing to act with due care considering the circumstances.

Slander

You don't have to prove actual harm to your reputation to collect damages for slander if someone says something about you that:

• Affects your business, trade or profession
• Implies you committed a crime
• Leads to the conclusion that you have a loathsome disease
• Suggests that you are somehow sexually impure

Otherwise, you'll have to prove you've actually been damaged in order to collect for slanderous behavior.

Getting Ready To Go To Court

If you've been libeled by a public media such as a newspaper, TV station or magazine, you'll want to demand a retraction first in order to collect damages in court.

If the defamation is ongoing, you'll probably want to write a "cease and desist" letter demanding that the defamation stop immediately.

Oftentimes, a slander case is difficult to prove, as a verbal statement isn't lasting. It's a good idea to keep a log of when and where the slander occurs, and exactly what was said. And make sure to write down the names and phone numbers of witnesses to the verbal statements.

The time you have to file a lawsuit- called a "statute of limitations" - can be as little as one year for defamation, so contact a lawyer right away if you think you may need to sue in order to correct the damage done to your reputation.

Defenses To Libel

If you're defending against a defamation claim, you may be able to get out from under the lawsuit by proving:

• The statements you made were true
• What you said isn't a statement of fact, but one of opinion
• Your statements were privileged (the interest you had in communicating your statement outweighed the defamed person's interest in protecting their reputation)

The privilege defense usually applies to reporters covering government activities, those reporting questionable activities to the authorities and persons sharing a common interest.

Defamation laws vary greatly by state, but are founded on the common background of the First Amendment to the United States Constitution (as interpreted by the United States Supreme Court).

Damages

If you've been defamed, you may receive a money award from a jury, as well as what's called "punitive damages" - monetary awards meant to punish the person defaming you for particularly reprehensible behavior.

If you think you've been slandered or libeled, it's best to contact a local attorney with experience in defamation law.