Defamation involves the publication of a false statement that harms another person’s reputation by causing others to think less of them or exposing them to ridicule and consists of two torts: libel and slander.
A defamatory statement published in writing or another permanent form is known as libel, while one communicated verbally or in another temporary form is known as slander. Both are forms of defamation, but the distinction remains important because it may affect the remedies available, including compensation, removal orders, injunctions, and retractions. Understanding which type applies can help you protect your reputation more effectively.
What is Slander?
Slander is a form of defamation communicated through spoken words or other non-permanent forms of communication. Unlike libel, slander is not recorded in a permanent form. Examples of slander include:
- Telephone conversations
- Face to face communication (e.g., conversations with third parties, public speeches)
- Gestures or signs
Because slander is spoken rather than written or recorded, it is generally harder and more difficult to prove. Key things to remember about slander include:
- Not published
- Spoken
- Temporary
- Harder to prove due to a lack of physical evidence
What is Libel?
Libel is a form of defamation communicated through statements published and in written form. Unlike slander, libel must be documented, usually in writing, and hence its effect may be more long-lasting. S166 of the Broadcasting Act 1990 provides that publication of defamatory matter in a television or radio programme service constitutes as libel.
Libel can occur through statements published in:
- Newspapers and magazines
- Books
- Websites and blogs
- Social media post and comments
Although slander and libel differ in forms, both have the ability to cause serious harm, reputational damage, and financial loss. Understanding the difference between the two is crucial. In a world that is constantly developing and evolving, it is important to understand that information has the ability to spread off and online rapidly. It is, therefore, important to be cautious of the words we state and the content we publish, as both can have a long- lasting impact whether intended or not.
If you would like advice or assistance about libel or slander, call Nath Solicitors and book your consultation today.