Libel and Slander - The Crime of Harming Another's Reputation

What are libel and slander? These are acts committed for the sole purpose of 'bringing down' or hurting another person's name or reputation. Slander and libel are normally carried out by making false statements, accusations or even documents that pretend to support the negative claim against the intended party.

Contrary to popular belief, both slander and libel require publication. The US criminal justice system differentiates between the two based on the form of publication. That is:

• Libel – This refers to a harmful assertion in fixed media, most commonly in writing. However, libelous assertions can also take the form of films, CDs, webcasts, photos, signs, and other relatively durable accounts.

• Slander – This involves less durable, more transitory modes, such as speech, gestures, and even sign language. If the harmful assertion is delivered in this fleeting form it is still slander — even when the evidence presented is in durable form (e.g., video clip or photo of the person making the offensive speech, gesture, etc.).

The general legal term for libel and slander is “defamation”. It’s defined as a false statement implied or claimed to be fact, which could damage the reputation of a:

1. Person or group (e.g., racial, religious, etc.).
2. Company or product.
3. Government or nation.

A statement may be derogatory but not considered libelous or slanderous under US law if it’s the truth. That’s why proving the truth of a statement is the best defense in a defamation case.

There are two other conditions where charges of libel and slander cannot be brought against a person. The legal term for it is “privilege,” that is absolute and qualified privilege.

Absolute privilege applies to statements made in court (but other charges, like perjury, may apply) or in a Congress. Qualified privilege is often used as the defense of journalists who merely relate accounts of public meetings or relate statements from public documents or the police.

However, qualified privilege will not work if it’s proven that the journalist wrote something with malicious intent.

Libel and Slander - Recent Incidents

One of the most recent landmark libel cases in the US is from 1988, when televangelist Jerry Falwell sued Hustler. The magazine showed a spoof ad of Fallwell at an outhouse committing incest with his mother.

While the lower courts awarded damages to Fallwell for emotional distress, despite ruling against libel, the Supreme Court overturned the decision.

The High Court’s ruling stated that emotional distress couldn’t have been an issue as the assertion was so ridiculous it was obviously untrue. Therefore, the magazine wasn’t liable for damages.

Libel and Slander - Types & Penalties

The definition of libel and slander varies across states as well as under US federal law. Certain states lump charges for both under a single set of laws. Other states have outdated defamation laws that are hardly ever used anymore.

However, no US state will allow the claimant to be a group of persons, even if defamation is against that group (e.g., Muslim group). Also, the case cannot generally involve defaming a dead person. Penalties are generally in the form of monetary compensation for the claimant or victim.

The Associated Press surprisingly reports that 95% of news story libel cases have to do with local stories rather than high profile personalities or celebrities. These local stories often cover criminal trials or businesses and can involve staggering cash awards.

Indeed, newspapers throughout America often buy liability insurance to guard against potential financial ruin due to libel penalties.

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