What is Slander?

define

Slander is the spoken or transitory form of defamation of character, a legal term that refers to a falsehood presented as true which could harm the reputation of a person or entity. Slander also encompasses body gestures as in the case of sign language. If defamation of character is placed in a fixed form, as in the case of a sign, published paper, film or recording, it is considered libel. In short, slander is temporarily uttered or gesticulated, libel is published or otherwise fixed.

Slander is a tort, or civil law, meaning a civil lawsuit can be brought against someone who is accused of slander. In the United States certain facts must be established for someone to be found guilty of slander. Assuming there is proof that the defendant uttered the alleged statement, the statement must be overheard by someone other than the subject or other “privileged” parties. Slander must also clearly identify the party or entity, and the intent must be malicious.

Winning a defamation of character lawsuit can pay off in two types of compensation: general damages and special damages. General damages covers emotional trauma while special damages covers economic loss. In the case of a slander lawsuit proof of specific special damages might be required before general damages can be awarded. Unfortunately, special damages can be hard to prove.

Some types of slander, however, are considered “slanderous per se” and are automatically awarded general damages without proof of special damages. In this case the slander must do one of the following:

  • Declare the plaintiff unfit to perform his or her job adequately.
  • Allege criminal behavior on the part of the plaintiff.
  • Claim the plaintiff has an unsavory disease.
  • Make immoral sexual claims, especially about the virtue of a female plaintiff.

The more people that are party to a falsehood, the greater the potential for harm to the plaintiff. For this reason, libel cases generally award more damages than cases of slander, as libel reaches a greater audience. With the advent of the Internet, many types instantly published, worldwide communications have become fodder for libel cases. Online libel is sometimes referred to as cyberlibel.

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36
My mother-in-law passed away February 2009. She battled with dementia. My husband took care of his mother and father for approximately 18 years, even the years they were not ill. They went on many many vacations with us and we ate Sunday dinner at their house each Sunday.

After my father-in-law passed my husband was a companion to his mom. We took care of my husband's father daily, with my husband giving him insulin shots and checking his blood sugar. These grandparents loved our children and also loved the other grandchildren as well. To make a long story short, my mother in law's dementia was in the stage where she needed constant care and my husband's brothers and sister, who has some resentment because my husband was always so close to his mother and father and resentment toward me for the relationship I had with them, accused my husband of taking a huge amount of money from his mother.

His mother, before her mind went, told him that anytime he needed something that she would help him out because we had done so much for them. Maybe my husband took it a little far when we got into some deep financial problems, but I was not aware of it at all! I never knew they accused him of that for about a year and along with that, they accused me of taking lots of money out of her ATM and using her credit card at a department store.

Before my mother in law passed, the siblings changed my husband's power of attorney to the sister. Now they had their mother's permission but she was legally not able to make any kind of decision due to her health. The family made a huge stink out of this and it got out to the public also. We live in a small town.

The siblings sold their mother's home and my husband did not receive his 1/4. He's the type who doesn't want to cause commotion. Not only did they withhold what he was to get from the home, he didn't get anything he was supposed to receive from his mother and only a handful of things out of the house.

This has ripped me to pieces. At one time, it consumed my life. I am seeing a therapist and at least I don't cry all the time now. I almost feel ashamed to go to family gatherings and have no reason to feel that way. I have never taken even an extra slice of cheese when we cooked out hamburgers.

I wrote a letter and sent it to all of them. My next step is to go to my mother-in-law's sisters and brothers to let them hear my side of the story. Heck, I was tried and hung without a jury. I never got to speak. It hurts. I love that lady with all my heart and still do.

Two of the three of my husband's siblings talk with my husband now. We don't have family gatherings at all with them even at Christmas. What I can't understand is that two of them have made some sort of peace with my husband and can carry a decent conservation, but won't even bat an eye at me. My husband admitted to some wrongdoing and I did nothing!

I thought about an attorney, but they came back and said they would get us for taking advantage of the elderly. I don't know what to do about this situation. It's killing me. They didn't even acknowledge my son's high school graduation and ignores them on special holidays. They didn't do anything. rutg

- anon58913
35
I have been married to my husband for 10 years. i had a previous relationship that ended horribly. he even got custody of my son and i haven't had contact with him or my son for almost eight years. they lived in indiana and moved to illinois about four months ago, even to the same county where I live.

I have a myspace account and so does he, and he posts stuff all the time about me being a whore and a drunk and posts stuff about my husband and only met him like twice. He posts some things with our names in it and some without. I post replies in my own comment box on my page, not his, and don't put his name in it.

He claims he is going to take me to court for the posts. Now can he, even though i don't put his name in it or actually send it to him? Keep in mind he does the same thing. I had an order of protection put on him and then also filed charges against him for texting me he pled guilty to that but still posts the comments on myspace and now his wife is texting me.

But can he file anything on me? and what can i do about him? i have my profile on private but you can still view my mood and status only from a mobile phone not a pc. I erased everything and decided not to post anything at all because even when i post things in regards to my friends he always comments on those too.

- anon57727
34
I have been involved in a situation for about three years now. I work for a medical clinic. During the early part of my second year, it was found out that the NP's wife was stealing our narcotics. The NP and attending physician were made aware. All was taken care of.

About two months later, the NP was terminated. I chose to accompany him to a new practice which he opened in the same community. This is a population of about 2,500. All of a sudden accusations are being made that I'm a big drug user and I'm hiding things the NP is doing. All of this is totally false. People on the hospital board, which is where NP and my former employer have started an investigation with the police. There are things being done such as the administrator writing letters to vendors stating that I have been purchasing supplies and charging them to their account. This too is a big lie.

I guess I just want to know what I might can do to stop the nonsense!! Very frustrated! There is a person that was told by one of the board members that I was a drug addict and I'm almost certain he might would testify on my behalf.

Do I have a case at all?

- anon55960
33
My ex-boss recently called my new boss and accused me of contacting the employees of my old job and stealing them to come to the new company I work at.

I feel he did this in malice attempting to cause issues with my new employer. Three people have left the company since I have and the two that did come to my company applied online without my knowledge.

Is this considered slander, due to the fact he was trying to cause me issues at my work and make me look like a bad person to my new boss? If it is not considered slander, is there anything I can do to force him from not talking to my new boss about me?

- anon55804
32
Luke, no, it wasn't slander, and no, you cannot be sued. However, let this be a lesson to you not to allow something to pop out of your mouth before you find out what is really going on.
- amypollick
31
i'm luke and i'm in the eighth grade. During third period i said out loud that i saw a teacher take a drug when it was just her pills because she had diabetes. Is this slander and can i get sued?
- anon54932
30
Michy, no, it's not slander. It's just an obviously immature, ignorant individual posting a load of tenth grade garbage. Do yourself a favor and set your profile to "private."
- amypollick
29
My ex and I have been broken up for four months now. I had him blocked and he had me blocked on facebook.

I commented on an old wall post that he had posted to my wall saying, "It has been four months since we broke up and I just wanted to say thank you for making me realize that I am so much more better than you and you never deserved me to begin with. Everyone knows everything you did to me (You know what I'm talking about) and you should be ashamed of yourself." He then created a different user name under a completely different name and sent me a message saying this, "its been 4 months, so get over yourself lol, like honestly, u have no value to me whats so ever so dont email, phone me,. just don't bother with me. My life is so much better now than it has ever been, U brought me down so much. But thanks for the laugh anyways,. made everyone laugh at work,. u dont deserve me hahaha,. f* u must be high are something. U were lucky 2 even get a chance with a guy like me. Now all most likely end up with a ugly piece of s*, but all good, cuz ur a fat f* c* anyways. I have two words for you..."psycho stalker" like u said 4 months, said that ur still going on the way u r,... i think ur on the wrong side at ur work, u shouldn't be the helper,. u should be the helped,.. u r crazy,. like really crazy,.. but bye,.. i am blocking u from hear,. just made this cuz u seem 2 like 2 msg and than block me....... like a p* hahaha,. so f* u,.. u probably just pissed cuz u seeeeeeeeeee aint getting laid!!!! muahahahahahahahaha f* thing probably green by now!" I still had him blocked when I commented on his wall post and haven't had any contact with him since we broke up. Is this slander?

- michy
28
I was sexually discriminated against by an employee of a company that I conducted business with. I informed the company of the problem and they fired the employee but to this day he still harasses me and I hired a lawyer to sue them because of fear of my safety, and that person knowing all my personal information. I can't go out always being in fear that I might run into him. A letter was written to the company president that we were suing for damages and they were responsible for what their employee did. They rejected it, stating unless I can prove he did it to others, I did not have a case. My safety is still in jeopardy, so I have friends who are my supporters and wrote reviews online to their customer service practices. Well today I received a call from their lawyer and said I will be sued for malicious slander. Why would I be sued? I told them what about my safety? They said the employee is gone is not their problem, it's mine and I had 24 hours to remove all reviews, that it was hurting their business. I need help. Thanks
- ladydiane22
27
I need help. i have employees who walk out on the job and they are running their mouths to people who love to come to the diner to eat. and now my business is slowing down and people are talking too much, so what can i do to stop this? The Country Diner has been in business for years. the two ladies who walked out had been there for years and made great money.
- anon49277
26
i have been told a restraning and stalking order is going to be put on me for no reason. i have had this person in court for the last 3 years and this person keeps moving and again i found her and now she is saying things about me and the stalking is so false. this woman owes me money and she does not want to pay me. she avoids the courts all the time. she makes me feel i'm the bad person and i'm tired of it. this women owes thousands to landlords. i have proof and her grandparents who are in their 80s, she stole a lot of money from them. i have proof of that and many more people she owes i have e-mails on that also. i want this person stopped and to pay what she owes me.

this is her way of trying to stop me from taking her to court again. she makes up lies and the stalking. i am a mother and a grandmother and also i'm on disabilty and i want my money. she needs to pay what she owes.

thank you.

- anon43601
25
I have held the same job for fifteen years. a good friend of mine who also works at the same facility is getting ready to retire, and I have shown interest in obtaining her supervisory position. There is a relatively new woman in that department who is also interested in this position. She got together with two other women in that department went to the head of HR and accused me of stealing, the allegations were proven false, but subsequently the rumors have now circulated throughout the entire facility. Do I have a case for slander. Some of my duties have been diminished as a result of these rumors.
- anon40278
24
hi i was wondering if anyone could please please help me.

i live in ireland and i dated a man 8 years ago for a while. i decided to end the relationship because i felt it wasn't working out and a day later he hanged himself. his parents or siblings never held me responsible for it but his uncle has always blamed me and still to this day if he meets me out he will make remarks at me and throw me dirty looks. he is also running me down to anybody who will listen to him. this is affecting me very badly and i have started taking anti-depressants because i can't handle much more. does anybody know if i have a case?

- anon39973
22
I tried to search for your responses on the above cases but failed. Maybe i am just a newbie on your website.

your presentation is superb!

- anon36549
Editor's reply: wiseGEEK is not equipped to answer specific case study questions. These questions may be answered by our readers who may be legal experts or should be referred to a legal professional for the best advice.
21
I am webmaster for a local dog kennel and am very good friends with the owner. Recently she fell victim to a scammer. A previous customer of hers called and stated that the animal she had purchased was ran over by car. The owner of the kennel, being softhearted, agreed to sell the woman a new puppy at a greatly reduced rate of approximately half of the animal's asking price. She even offered to let the woman come get the dog and only pay half of what would be owed on the puppy with the agreement that the woman would pay her the rest of the money by a certain date. The woman took the animal and has since not paid the remainder of the agreed upon price. The owner of the kennel has called her on two separate occassions and extended the payment due date but the woman still has not paid her. The owner of the kennel wishes to place this story, including the customer's name and address, on her website to warn other kennel owners about the woman's possible ill intentions. The owner has hard evidence that the agreement was made and breeched by the woman. I wanted to know if a libel case could be brought against the kennel owner for posting the customer's information.
- anon36408
20
I dated a guy and we broke up. After a few months we started seeing each other, and we have been seeing each other for years now. He has been lying to me all along though! He told me he moved 5 hours away on a work project, but still he would call me weekly or bi-weekly, and he would come visit me. We have been physically involved for years. I randomly punched his name on the computer just to see what came up... and I found out that he is engaged to get married! I confronted him, and he said he would tell the truth to this girl. I told him I was going to call her because of all his lies. I contacted this girl and she said she didn't believe me. This girl's mother called me and accused me of being a stalker. I was honest with everything and I even have the call log and I saved text messages of everything that can prove my statements(through the years). I am being called all these names and I am innocent. I didn't even know about this girl! My name and reputation is being slandered. I am in school for a career (pyschology), and I want the honest truth out in the open, so that my reputationcan be seen to all that I am truthful and honest.

I feel that I am being slandered, and this is causing emotional pain for me. I want my reputation to be clean and the record to be set straight. It is the guy who was guilty and is has been lying to me and the other girl.

- anon36298
19
I have a family member who was recently arrested for statutory rape. Since his arrest, his name has been broadcast over a local radio station two days in a row. The second day was with another person accused of statutory rape. If he is proven not guilty of charges, does he have a case against law enforcement and the radio station for slandering his name?
- midwest
18
My sister is dealing with an officer in our community who is slandering her reputation. she is part of our fire department and an emt on that department. He has stated in writing he wants her removed from the fire department because she is unprofessional. We need to know if she has a libel suit on her hands against him now.
- anon36048
17
My former land lady went to our office,for confrontation, I was absent that day, and he found my brother who is also studying there. She get mad coz we moved to another home. She was accusing me that i took her curtain and umbrella without any evidence and witness. And in my part, i did not take those things, she been saying words against me, inside our office, and people have heard what she said. The guard, my office mate, and some of the students. She also accused my brother about curtains and umbrella. She put me into humiliation and it will lose the respect of my students and office mates. What is the legal action am gonna do against my previous land lady.. pls i need your advice..
- anon17420
16
a manager at a former employer has informed my current employer untruths. I was employed as a bartender and also as head of security at a bar/restaurant, a manager at that restaurant has informed my current employer (where I am employed as a bartender) that I never bartended there and was "just a bouncer". Records at my former employer would list my position as "bartender" and I can produce countless witnesses that I served while bartending. This statement by a former manager put the facts that I listed on my application for my current employer in question. Is this grounds for a slander suit?
- jonmandude
14
My best friend, has told 2 people that I know of, that I have herpes, is this slander (whether it is true or false?)
- abcgeek
13
The situation is quite complicated and I hope I can make it clear.

To start my partner has a son with an ex partner , who unfortunately took access away after their separation, we have been to court and restored access, but now she has decided to breach the court order and stop access, in this long and unnecessary (5yr) battle my partner age 29 had to undergo a major surgery which has saved his life but unfortunately caused some disabilities making him unable to work and do some, what we would call simple tasks, unaided this has caused depression and embarrassment.

Basically the ex wishes to make my partner pay- in my opinion it has little or nothing to do with their son. Neighbours have reported to the police about her and her husband acting suspiciously around our property whilst we were out. veiled threats have been made but it is the texts that coincide with this issue of accusing my partner of Benefit Fraud which has been investigated and the benefit fraud officer agreed that after a thorough investigation my partner was and is not working and was not able to in his current circumstances, this was the end of it as we thought but unfortunately she’s spreading around that he has committed benefit fraud amongst other vicious rumours.

This is causing real upset to my partner who cannot defend himself very well due to lack of self confidence, I feel that arguing back just gives her more satisfaction but I wondered legally if there is anything we can do to stop this, please.

We are currently taking her to court for restoration of the previous court order but I was unsure as to whether our solicitor can do anything until the present case is settled can you help please?

- alijay
12
I am a female residing with two other females in a single family home. One of the neighbor's, a male, use to befriend us but we broke it off with this neighbor due to his illicit behavior toward us and for showing an illicit photo of himself showing himself nude. Our association with this man stopped immediately. Since then, he has spoken with other male neighbor's with their family against us. Now the male neighbor's in the neighborhood are taunting us with verbal threat's they are going to take care of us. Our other next door neighbor is a criminal and is perhaps still dealing in drugs from his house. He doesn't like us because we are law enforcement types. A few houses away from ours there is a law enforcement type male that is listening to their statements and is including himself in their hate towards us. Now, that law enforcement type male has indicated to the other males, he would take care of us and told them to not to worry. What are we to do? Now my employer is involved in this matter because a neighbor made a compliant about us. Being a female law enforcement type person prevents us from having any civil rights. We have gone to several local authorities and no help was offered to us, just advise to make reports to the police about any incidences. No case and I'll probably be spoken sternly by my employer about these incidents. What are we to do? Get a lawyer?
- anon5505
11
I have a step-daughter that i love and take care of.Her mother put on the internet that i don't care about her or love her.Is that slander or just running of the mouth?
- h45885
10
I am wondering I want to put in the local paper how badly I was treated by a doctors office in our area. Is this slander? Is there any legal action they can take against me?
- anon4628
9
I was wondering if I may have a case of defamation or slander on my neighbor? She has gone to my landlord and made false statements in writing along with other neighbors about me having my children medicated just so I can collect SSI. My children are not medicated, only my daughter, and also she does not receive SSI. She has also made false statements to police officers about my husband trying to kill me when we weren't even home together at that time. I am asking anyone that knows to please contact me back and let me know if I may have a court case against her.
- tougher
8
It has come to my attention that this person said that he thinks I am racist to two other people. When he was asked how he came to that conclusion, he said that it was because of a tattoo that I have on my triceps that reads "brown pride". The person who asked told him that he has worked with me and he never got that perception or vibe that I came across as a racist. The individual who made the comment then said, that anyone that has a tattoo like that must be a racist. What can I do to clear my name?
- anon3883
7
I think my Son-In-Law is being slandered by a co-worker of mine (his mother-in-law) for no reason. He drives a truck for a very popular food distributor. He is usually gone 1-2 nights per week out of state. This co-worker of mine has only met my son-in-law once. She has been making comments that he is lying about what he is doing, and making suggestions that my daughter is being cheated on. That this company would not need over the road driver. Let me state he brings home nice paychecks for someone not working!! She knows nothing about the company does not work for them and has not reason to implicate this. I am not sure how to stop this, my boss always says just ignore her. Well that is not helping as she is making false statements about my family. I am concerned that this will cause a major upset to my pregnant daughter, and her husband who is a fine man. She even said he probably does not have a license to drive the truck . Which is false.He is a very good family man. Please, let me know how I may stop this type of talk about my family. They do not even know this person. Thanks!

MadMomma

- MadMomma
6
How do I go about legally telling people around my block that my 4 year old nephew was shown or flashed inappropriate things from a next door neighbor? He does have a record and "other" things that were before Megan's Law. Also an ongoing investigation with this. There are other children in the area and an elementary school up the hill from us! How can I warn people with out hurting myself?
- anon3674
5
My fiancee and his brother own joint properties they inherited when their mom passed away six years ago. Recently my fiancee has decided that he wishes to split the estate and move on with his life. They currently live together in their home and have split the utilities and my fiancee has been paying the property tax for the past six years.

Well, the brother has started telling everyone that will listen to him that my fiancee is a freeloading bum who is living off his "dime" and that he owes him 50+ thousand dollars because he is paying all of the bills for the house. Funny things is he has never worked a job in his life and is living off of the money he inherited.

My question, since the brother is talking to neighbors, a Realtor that HE hired to sale other properties, a public lawyer and a multitude of family members, does my fiancee have any sort of case in a slander suit?

- NikkiBonds
4
Just wondering if I send a cease and desist letter to a party who then denies conducting the slander, although I am certain they are the responsible party, is there any action they can take against me, the person who sent the cease and desist letter? I live in NJ.
- sharedes
3
I think I have a case involving slander. Someone that lives on our block received a phone call from a individual propositioning sex over the phone. This person that lives on my block is stating that the person was me and says that it is a fact. After urging this person to investigate the situation. This person is refusing and stating its not needed because its a fact. Others on my block are finding out because of more statements from the individual accusing me and there is emotional turmoil in my life because of these statements which is leading to severe depression not only to me but my family. This person making accusations is also a law enforcement officer. Any help on this matter would be greatly appreciated.
- myfamily
2
What type of evidence does one need in order to proceed with a slander/defamtion case?
- M111

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Written by R. Kayne
Last Modified: 05 January 2010

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