What Are the Two Types of Defamatory Speech?

Advertising gurus and marketers might think there's no such thing as bad publicity, but false advertising can land you in court facing a civil suit, or worse, behind bars. Individuals, corporations and many other collective organizations are protected by a number of defamation laws, collectively called "false light" laws. Claimants can sue for tangible damages such as lost profits, or intangible damages such as emotional suffering.
  1. Slander

    • Slander is the act of making a false harmful public statement against a group or individual. Slander can be made through the spoken word or gestures. Those victimized by slander must prove that that have suffered a diminished quality of life due to the impact of the slander on the individual's reputation in the social or business world.

    Libel

    • Libel is the act of making a false, harmful public statement in a fixed medium, usually a written print medium. Libel carries many of the same potential damages as slander. In both cases, celebrities and public figures claiming defamation must demonstrate that the individual making the statement intended to harm. However, those who are not public figures do must only prove that the effect of the slanderous or libelous statement was harmful.

    Proofs

    • In order to prove a case of slander or libel, the plaintiff or prosecutor must satisfy three basic conditions. He must prove that the statement is not true, that the person(s) making the statement neglected to reasonably investigate into its truth, and that the public statement has caused damage to the plaintiff or victim. The amount awarded to the plaintiff is usually proportional to the degree of damages suffered by him at the hands of the defamer.

    Defenses

    • There are numerous defenses to an accusation of defamation in the form of slander or libel. One defense is opinion, in which the defendant claims that his statement represented personal belief or conviction rather than fact. Another defense is that the statement is true. In addition, certain kinds of speech, such as statements made by lawyers in courtroom proceedings, have privileged legal status and are thus immune from defamation claims.

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