Defamation claims have become a large part of today’s society, but do you know what this is, and the differences between slander and libel? Find out here…

Defamation, in the forms of slander and libel, have been part of our society for centuries. Now, in a world where mass media is ever-prevalent, the number of cases seem to be skyrocketing everywhere we turn.

When the printing press emerged over half a millennium ago, defamation of a person’s character to the masses became something pretty common. Now, defamation law in Ireland, England, Wales and Scotland has had to become particularly stringent to account for the exposures of the world we live in.

So, in today’s social media culture, what does defamation mean, and what are the differences between its types? To discover more, you came to the right place…

What is Defamation?

Defamation is the written or oral denunciation of an individual which may harm their reputation. These denunciations will usually be a false statement which changes peoples’ opinions of this person. That said, in some countries, like South Korea, defamation can be claimed even for a true statement.

For hundreds of years, defamation law in the UK has worked to punish those who create false rumours about another. The crime seems to have been particularly prevalent during the reign of Edward I, from 1272–1307, as civil action for these damages have been recorded. Although it’s unclear whether these crimes warranted punishments, the first case of a punishment being recorded was during the 1600s.

These days, the Defamation Act 2013 has cracked down on these cases, demonstrating how serious these crimes can be. In fact, it’s clear these issues can affect the victim’s ability to get or keep jobs, and could ruin their relationships with family and friends. That’s why these types of civil lawsuits are also deemed crimes under UK law.

In order to class as defamatory, the statement must:

Specifically reference the victim by name or inference;
Be communicated to a third party;
Be likely to cause harm to the victim, i.e. serious financial loss;
Affect the attitudes of others towards the victim.

Who Can File for Defamation?

It’s not just a person, these days, that can file a suit against someone. Individuals, products, businesses, governments, religions, and groups can all be victims of this crime. Although vulgar insults don’t really count as defamatory, anything that ridicules, mocks or accuses can count.

In today’s world, the most common types of defamation lawsuits we hear about are those that celebrities have filed for.Oftentimes, newspapers and magazines will make false claims about them, which might ruin their reputation, and affect them getting future jobs.

Defamation law can be a little confusing, as there are a number of different types that fall under this umbrella-term. Slander and libel are the two terms used most often, so what exactly are these? Let’s find out…

What is Slander?

Slander is our first type of defamation to discuss. This is the oral communication through spoken word of a person, business, or otherwise, which is defamatory, as seen above.

Unlike libel, which we’ll be discussing a little later on, slander is hard to prove. This is because spoken word, unless recorded, can’t really be proven. It is also not enough to talk about what was said, but it needs to be proven that these words harmed the claimant, either monetarily or some other equivalent.

The only two exceptions to these rules are the imputation of a crime, or the imputation of incompetence in a profession. Naturally, these could cause extreme harm to the claimant’s livelihood and life, hence the exceptions here.

Examples of Slander

Clearly, slander can include a huge number of different situations. So, in order to give you a clearer picture of the different types of slander, here are some working examples:

Accusing someone of theft without proof.
Telling someone that someone has cheated on their spouse.
An employee claiming that their colleague stole office equipment.
Telling someone that someone they know has a sexually transmitted disease.
Claiming that a local restaurant serves dog meat, or that you found something horrible in the food they served you.
Claiming someone is incompetent at their job.
Telling someone your colleague had an affair with the boss to enhance their career.

Slander Case Studies

As you can see from the examples of slander above, there are many cases where this might occur. Some real-life examples of this, where the law courts have actually gotten involved, include:

A hotel housekeeper claiming she found blood in Lady Gaga’s bathtub, which probed people to believe she was engaging in a Satanic ritual.
Back in the day, when John Adams called Thomas Jefferson a “a mean-spirited, low-lived fellow, the son of a half-breed Indian squaw”, amongst other things.
David Schwimmer claimed, and won, against Hollywood fund-raiser, Aaron Tonken, after he claimed Schwimmer asked for two Rolex watches in payment for attending a charity event.

What is Libel?

The more prevalent type of defamation, which we see a lot more of these days due to social media, is libel. This is the printed, written or online (via videos or pictures) defamation of an individual, which is untrue and tarnishes the reputation of the victim.

Libel law varies from country to country. For example, in the UK, if you write something defamatory about someone, the onus is on you to prove it is true. However, in America, any claimant has to prove the claim is untrue to have a case. This makes the UK a much better playing field for celebrities than the US.

The examples of slander, listed above, can also become examples of libel if they are written, rather than oral. To give you a clearer idea of when this might warrant a lawsuit, this case study should give you an idea…

Libel Case Study

One particular case of libel, which you might recognise from the recent media, is Johnny Depp’s case against The Sun. This followed after the newspaper published an article entitled ‘GONE POTTY How can JK Rowling be ‘genuinely happy casting wife beater Johnny Depp in the new Fantastic Beasts film?’.

Clearly, this title classes Depp as a “wife beater”, which coincides with his difficulties with his ex-wife, Amber Heard. Although the claim under Defamation Act was dismissed, it still made headlines this year.

This is just one of the hundreds and thousands of cases celebrities bring against individuals, newspapers, and magazines each year. With Keira Knightley, David Beckham, and Scarlett Johansson being just a small few of those who have sued, we can see how important this law is for those in the limelight.

What to Do if Someone Attacks Your Good Name?

As you can see, defamation, including slander and libel, is a serious crime. The question is, how can you react if someone has defamed yours or your company’s good name?

In the UK and Ireland, as long as the claims can’t be proven to be substantially true, or that they are simply an honest opinion based on facts, there is a case. What’s more, it must be proven that the claim has some sort of negative impact on the claimant, be it in their personal life, career, or financial position.

So, if you have been affected by defamation, be sure to reach out to a solicitor who can represent you to compensate for any losses incurred.

We hope this article has helped you to understand the cases of defamation, be it slander or libel, better. With these definitions in mind, we hope you can avoid defaming someone, or are equipped to claim against someone who defames you.