- Written By: Tricia Ellis-Christensen
- Edited By: O. Wallace
- Last Modified Date: 15 February 2012
-
Copyright Protected:
2003-2012 Conjecture Corporation
Oral defamation, which is also often called slander, is a malicious act of spreading untrue statements about someone or something else, in a way that is intended to cause harm or that does create harm. It is contrasted to written or recorded defamation, which is usually referred to as libel. The statements made orally could sometimes also be made in written forms if they’re impermanent, like writing a slanderous note on a scrap of paper that later gets discarded. There’s a little confusion in separating the definitions of slander and libel. Libel can also be oral, but if it is spoken, it needs to be spoken in some permanent and recorded form, such as on a television broadcast.
Principally, oral defamation is similar to malicious gossip. A person spreads an untrue story about someone or something else to others. He or she might repeat the story multiple times or address a group of people and communicate the story to them all at once. Generally, the more people who hear the libelous statements, the more damage it might be likely to cause their subjects.
In a legal setting, oral defamation usually has to proven as being injurious. There has to be some real means by which the subject of libelous statements suffered damage as a result of them. This may be easy to prove or difficult, depending on the types of statements made. Repeating to friends that a particular business, such as a restaurant, wasn’t very clean, usually wouldn’t constitute oral defamation, even if that statement is not generally true. Additionally, if a statement is opinion and clearly not presented as fact, it’s often not considered libel.
Examples of more clearly defined libel include having discussions about coworkers that impugn their reputation. Spreading a rumor that a coworker has traded sexual favors for promotions is undoubtedly damaging and could seriously impact that worker’s career. Even though oral defamation isn’t recorded, rumors often live for long periods of time and continue to spread. Gossip about classmates in junior high and high schools works in the same way and in some cases is so injurious that it is considered bullying and may be subject to criminal charges. Often, oral defamation may turn to libel as people use other media like the Internet to spread untrue statements.
A person charged with libel has numerous defenses. He can state the oral defamation was unintentional because he thought the statement was true. Alternately, he could argue that any inferences made could have been made by anyone else evaluating the situation. Another argument is that the defamation didn’t cause harm or that there was not intent to cause harm by making the statement.
Types of charges for oral defamation depend on perceived damages. Charges may be criminal or civil. Many countries treat this matter in civil courts and don’t assess any form of criminal charges, unless libel resulted in egregious physical damage.
Related Videos
Discuss this Article
|
anon232086
Post 6 |
I am a victim of public harassment through facebook. There is a person who posted my name, our chats and messages and even my photos on her account with untrue and embarrassing thoughts about me. Are there legal actions I can do for this? I am from Philippines. |
|
anon168840
Post 5 |
I would like to know the scope a valid complainant has in an oral defamation or slander case. Can a relative of someone be a complainant for oral defamation? for example, the mother of a legal age guy insists that she will file an oral defamation case against someone who said something slanderous to his son. is that valid? |
|
icecream17
Post 4 |
Cupcake15 - I wanted to add that recently I read that a lot of these defamation libel cases involving the tabloids don’t go very far.
Most celebrities don’t file lawsuits against these tabloids because they don’t want to draw more attention to the magazine causing even more people to read it.
Also, many attorneys know that the settlements for these cases are low and usually only cover the cost of the litigation.
These are hard cases to win because you have to prove that there was malicious intent and the tabloids can simply say that their sources informed them that the information was factual.
The only defamation case that I remember was the Carol Burnett case against the Enquirer. This was years ago and I have not heard of any other defamation cases since.
|
|
cupcake15
Post 3 |
SauteePan -I just wanted to say that I hope everything works out for you Anon127927. I know that defamation of character occurs when the person’s reputation is irreparably harmed. But there are many instances in which the person accused of defamation might have legal standing to make such arguments.
Opinions and things that you believed were facts are not defamation. If for example you go to a restaurant and print a negative review this will negatively affect the restaurant’s business but your words are merely an opinion and you can’t be sued for having an opinion.
Also if you print something that you honestly believed to be true this is also not defamation because the defamation definition requires malicious intent.
If you believe something to be true then there is no malicious intent. But if you spread false rumors intentionally then this is defamation. For example, accusing a coworker of having an affair with the boss without actual proof is defamation because the rumors can hurt the boss and the employee accused. Furthermore, you cannot rely on the issue that you believed it was a fact because you do not have proof that the boss and employee are engaged in an affair.
|
|
SauteePan
Post 2 |
Anon127927 - I am so sorry you are facing a defamation suit like this. I understand that the penalties for defamation might be different in the United States than in the Philippines but you should give your defamation attorney all of this information so that he could defend you the best way possible.
Maybe the case is not as hopeless as you think or maybe he can settle the case for you so that you do not have to have this hanging over your head. |
|
anon127927
Post 1 |
my cousin took me and my husband for oral defamation but when we got to the court the judge acquitted my husband but kept me. since my cousin filed that case, she is working abroad and keep sending money to the lawyer and we overheard that her lawyer give money to the judge to find me guilty and now we are still fighting but we have gone to the supreme court. why in the philippines is oral defamation a criminal case while here in usa is only a misdemeanor. |
