Defamation Slander & Libel: What’s the Difference & When Do They Become a Crime?
by James P. Outreach & PR ExecutiveWhen we hear the terms ‘slander’, ‘libel’, or ‘defamation’,
we are quick to assume that all these words are interchangeable synonyms for
each other. However, each word is a distinct legal term.
It can take an individual years to build a good reputation
for themselves, whether this is professional or personal. However, it can take
just minutes to cause reputational damage—especially now that social media has
the ability to spread news fast.
When this does happen, it is often difficult to determine
whether it is defamation, libel, or slander and when exactly they become a
criminal offence. There are many examples where this has been the case for individuals.
Here we outline the key differences between these terms and when they become a
crime.
Defamation, Slander, and Libel: The Difference
The one thing that all these terms have in common is the potential
to ruin an individual’s reputation. Slander and libel are both types of defamation,
but when it comes to the legal differences between these three terms, there are
certain aspects that define these differences.
What is Defamation?
Defamation is the act of making a statement about someone in
an accusatory way that has the ability to ruin their reputation. However, there
is often confusion between whether something is an act of defamation or an
opinion.
The statement “I think Dave is annoying” is an opinion that
cannot be proven true or false, because it is simply down to opinion. But
saying something like “I think Dave robbed a bank” is accusing the person (Dave,
in this case) of committing a criminal act. If this statement is untrue, this could
defame them.
What is Slander?
Slander is a type of defamation that is spoken orally. The
key difference between a defamatory statement and a slanderous one is that
defamatory statement can be made via any medium or source—whether this be
spoken on television, written in a social media post or shared in a text. But
with slander, this is when statements or accusations are made orally only.
What is Libel?
Libel, meanwhile, is an accusation or statement that is made
in writing, whether this be a digital piece of writing such as a social media
comment or a printed one in a newspaper. It is also a form of defamation.
Example Cases
Determining the outcome of a defamation case is never easy,
with arguments from both sides involved to consider. Here, we look at some of
the most famous cases of defamation and their outcomes.
Defamation Case: Rebel Wilson v Bauer Media
Australian actress, comedian, writer, and producer Rebel
Wilson made a defamation claim against Bauer Media in 2018. Wilson claimed that
after partaking in an interview with the media company, it produced articles
that accused her of being a “serial liar” who had been untruthful about her
pertinent personal details.
At first, Wilson won the $4.6 million claim against Bauer Media.
However, by law, Wilson had to prove not only that the statements made against
her were published and made specifically against her, but the statements had
caused damage to her reputation and her ability to earn money. It was this
final element that caused the value of her defamation claim to be lowered.
Because Rebel Wilson couldn’t prove that loss of earnings or
damage to her reputation had been caused due to Bauer Media’s articles, the
claim was reduced to $600,000.
Kate Winslet v Daily Mail
After the Daily Mail accused Kate Winslet of lying about her
exercise regime in an article, she sued the publication for libel, claiming
that the accusation was offensive and dishonest. The article also referred to
her as being “the world’s most irritating actress”. Since this was nothing more
than an opinion, she was unable to take legal action against this. However, for
the damage caused to her reputation due to the libellous comments about her
exercise routine, she was awarded £25,000 by London’s High Court.
Slander Case: Sharon Stone v Renato Calabria
After plastic surgeon Calabria said that he had given
actress Sharon Stone a facelift, Stone went on to sue Calabria for making false
allegations, claiming that this wasn’t true. She explained that these
allegations damaged her reputation of having ‘natural beauty’ and therefore
wanted to take legal action against the Beverly Hills plastic surgeon.
In the end however, Stone’s case was dismissed. Despite the
terms of the settlement not being disclosed to the public, it was confirmed
that Stone cannot make any other cases against Calabria on the same
claims.
Defamatory statements can severely impact individuals’
reputation and ability to make an income—especially for those in the public
eye. With ‘cancel culture’ being increasingly talked about across the media,
defamation, slander, and libellous news continues to circulate the internet.
For some people, allegations can lead to cases of unfair dismissal from their
job. If this is the case, an employment
tribunal may be necessary.
Sources
https://www.legalzoom.com/articles/differences-between-defamation-slander-and-libel
https://inforrm.org/2019/01/04/top-10-defamation-cases-of-2018-a-selection-suneet-sharma/
https://valientemott.com/blog/blog-libel-slander-defamation/
https://globalfreedomofexpression.columbia.edu/cases/haaretz-group-v-goldhar/
http://news.bbc.co.uk/1/hi/entertainment/4097135.stm
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Created on Jan 15th 2021 07:13. Viewed 247 times.