Solicitor Explains Defamation: What is the difference between libel and slander?

Have you ever wondered about the distinction between libel and slander? These terms are often used interchangeably when referring to defamation, but they actually have specific meanings. In this article, we’ll explore the difference between libel and slander, two forms of defamation that can have serious legal implications.

Key Takeaways:

• Defamation involves false statements that harm a person’s reputation.
• Libel refers to written defamatory statements, while slander refers to oral defamatory statements.
• Defamation can lead to legal claims and potential remedies.
• With the rise of social media, defamation has become more prevalent in the digital age.
• Understanding the difference between libel and slander is important when dealing with defamation claims.

Types of Defamation

Defamation can be divided into two types: defamatory per se and defamatory per quod. Understanding the distinctions between these types is crucial when dealing with defamation claims.

Defamatory per se:

Defamatory per se statements are inherently harmful to one’s reputation. These statements do not require proof of specific damages, as their nature is considered inherently damaging. Some examples of defamatory per se statements include:

• Accusing someone of committing a crime
• Accusing someone of having a contagious disease
• Implying someone is unfit for their profession or occupation

Defamatory per quod:

Defamatory per quod statements, on the other hand, require proof of specific damages. These statements may not be inherently damaging but can still harm a person’s reputation depending on the context. Examples of defamatory per quod statements include:

• Spreading false rumors about someone’s behavior or character
• Making false statements that could harm someone’s personal or professional relationships
• Accusing someone of dishonesty or impropriety without clear evidence

It’s important to note that the classification of a statement as defamatory per se or defamatory per quod may vary in different jurisdictions. Consulting with a legal professional is advised to understand the specific laws and implications in your region.

Legal Implications

If you believe that you have been defamed, you have the option to bring a defamation claim. This process involves seeking legal advice from a qualified solicitor who specializes in defamation cases. A legal expert can guide you through the complexities of the law and help you understand the best course of action to take.

One of the initial steps in bringing a defamation claim is sending a letter of claim to the party responsible for the defamatory statement. This letter outlines the details of the claim, including the specific defamatory statements, the harm caused to your reputation, and the remedy you are seeking. A properly drafted letter of claim serves as a formal notice to the defendant, giving them an opportunity to respond and potentially resolve the matter without litigation.

In a defamation claim, the defendant may raise a defense to challenge the allegations made against them. Common defenses include truth (if the statement is proven to be true), honest opinion (if the statement is an expression of genuine subjective belief), and qualified privilege (if the statement is made in the course of duty or public interest). It is essential to consult with legal professionals to assess the validity of any defenses presented by the defendant.

If your defamation claim is successful, you may be entitled to a remedy, including compensation for the harm caused to your reputation. The amount of compensation awarded will depend on various factors, such as the severity of the defamation, the extent of the damage suffered, and any mitigating factors presented by the defendant.

Defamation in the Digital Age