- Written By: Anna B. Smith
- Edited By: Michelle Arevalo
- Last Modified Date: 29 May 2012
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2003-2012 Conjecture Corporation
Slander and defamation are two words which both mean that something untrue has been communicated, as fact, about someone or something. Slander is a type of defamation. This term is used when the type of communication that contained the false claim is verbal.
Defamation may also be referred to as libel. This term is used when the false communication has been written or published. The difference between slander and libel is the way in which the untrue statements were made, whether verbal or written. Both are examples of defamation, however.
Slander and defamation are acts that may be considered criminal and are often prosecutable by the law. The three most common types of slander are slander of character, slander of title, and slander of goods. Different court proceedings and punishments exist in most countries for slander and libel. It may be helpful to consult legal representation before charging another party with slander and defamation, so that counsel can determine whether the accusation is slanderous or libelous.
Slander of character is a false statement about an individual, which casts that person in a negative light. This type of defamation may also be made against an organization or a company. For the accusation to be considered criminal, it must be implied or stated to be truth when it is, in reality, a lie. It must also be made with malicious intentions.
Slander per se and slander per quo are the two types of slander and defamation of character. Slander per se is determined when the false accusation or statement made is instantly and clearly damaging to the party in question. A politician in a race for an election who appears on television and says that his or her opponent has been taking bribes while running for office, yet has no proof of this fact, would be guilty of slander per se. Slander per quo is often more difficult to prove in court because the falsehoods in question have long-term damaging effects that are not immediately apparent.
Slander of title occurs when one individual makes a false claim regarding the property of another. This may take the form of one party boasting ownership of a parcel of real estate which, in actuality, belongs to someone else, and attempting to receive payment for that property. It may also come in the form of a person making unkind and untrue remarks about a piece of land that causes it to be viewed negatively. An example of this would be someone claiming a building is infested with cockroaches to prevent it from being sold when it, in fact, has no such problem.
When one person says something negative and damaging in regards to another person's merchandise, they may be accused of slander of goods. This type of defamation could be argued if a television news show claimed a product was made with faulty, malfunctioning parts when, in reality, there was nothing harmful or damaging in the product. Both slanders of title and of goods must be considered intentional and malicious in nature to be prosecuted legally.
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Discuss this Article
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anon272045
Post 9 |
Recently there was an email sent to this guy about this woman going to court for drugs that she was on and letting her landlord molest her daughter. Well, I told someone about it in an email, but after I reread it I sent a message to the person and told them I was sorry I had read it wrong. Now they want to get me for slander. Can they do this to me? |
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anon229744
Post 8 |
When your boss calls a family member of yours and tells them you have a tumor, is that considered defamation or slander? |
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anon199611
Post 7 |
So someone told a bunch of lies about my home being a non-stop party house and lots of drug activity going on, etc., and are currently spreading it to the parents of 18-plus year olds to try to get them to stay away from my family. I have three children and all of these accusations are completely untrue. Now as a result, I am limited on my babysitters (because they are not "allowed" at my home), and I lost my whole family because of it. Do I have a case?
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anon149142
Post 6 |
I have some really ugly messages that were sent to my daughter's boyfriend (all minors) which aren't true but are very nasty and hurtful to her high school reputation. Would this be strong grounds to stand on. |
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viewfinder
Post 5 |
if someone starts telling school officials, counselors, etc., that you are a perpetrator of domestic violence can you sue them for slander? |
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suntan12
Post 3 |
Sunny27-That is true. Another reason why people especially celebrities might forgo seeking a defamation libel case is that they are very difficult to win because the plaintiff has to prove that the defendant acted in malice.
Printing a story that is untrue is not libel if it could be argued that the defendant did not know and thought that his sources were correct.
It is only libel if there was intentional malice and it could be proven so. Also, most defamation lawyers will not work on a contingency basis like they would in a personal injury case.
The reason is simple. The judgment awards on these cases are very low and often the legal fees exceed the actual judgments. Since the litigation is costly many people forgo the filing of a slander lawsuit. |
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Sunny27
Post 2 |
Anon124522-Defamation relates to crimes of moral turpitude that can tarnish someone’s reputation. For example, stating that a person is a thief without proof and that causes the person to actually lose business as a result of the libel and defamation is illegal.
The party that is defamed will file a slander lawsuit and will have to prove that the information is not only false, but they were irreparably damaged as a result of such actions.
Many of these slander cases involve celebrities whose livelihood depends on their public image. Tabloids like the National Enquirer have had slander lawsuits against them.
Most notably was Carol Brunette. But sometimes celebrities try to ignore the tabloids because they do not want to give these media outlets additional publicity.
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anon124522
Post 1 |
Is telling/saying/shouting indecent and explicit words to another person considered oral defamation? |
