Slander

Definition

Slander refers to the act of making false spoken statements that damage a person's reputation. It falls under the broader categories of defamation and libel, where the latter involves written statements. To be considered slanderous, the statement must not only be false but also made with a certain level of negligence or malice towards the individual it concerns.

5 Must Know Facts For Your Next Test

1. Slander must be proven to be false and harmful to an individual's reputation in order to be actionable in court.
2. Statements made in jest or opinion typically do not qualify as slander since they lack malicious intent.
3. Public figures have a higher burden of proof in slander cases; they must show actual malice to win a defamation lawsuit.
4. In many jurisdictions, slander is treated less seriously than libel because it is harder to prove and often relies on verbal evidence.
5. Defenses against slander include truth, consent, and privilege, which can protect individuals from being sued for making certain statements.

Review Questions

• How does slander differ from libel in terms of legal implications and burden of proof?
  • Slander differs from libel primarily in that slander involves spoken statements, while libel pertains to written statements. Legally, both fall under defamation laws, but the burden of proof can vary. For instance, public figures must demonstrate actual malice in both cases, but proving slander is often more challenging due to the need for witnesses or recordings of spoken words, making it less actionable than libel.
• Discuss how malice plays a crucial role in establishing a case for slander against a public figure.
  • Malice is essential when establishing a case for slander against a public figure because they must prove that the statement was made with reckless disregard for the truth or actual knowledge of its falsity. This higher standard protects freedom of speech and allows for robust public debate. Without showing malice, it’s unlikely that public figures will succeed in their defamation claims, highlighting the balance between protecting reputation and encouraging free expression.
• Evaluate the impact of social media on slander cases and how it has changed the landscape of defamation law.
  • Social media has significantly impacted slander cases by creating new platforms for rapid dissemination of potentially damaging statements. This shift has made it easier for false statements to reach wide audiences quickly, complicating the legal landscape of defamation law. Courts are now facing challenges in determining jurisdiction, evidence standards, and balancing free speech with protection against reputational harm. As social media continues to evolve, it forces lawmakers and legal practitioners to adapt existing frameworks to effectively address these contemporary issues.

Related terms

Defamation:

Defamation is the act of communicating false statements about a person that injure their reputation, which can be categorized as either slander (spoken) or libel (written).

Libel: Libel is a form of defamation that involves making false statements about someone in a written format, such as articles, books, or online posts.

Malice: Malice refers to the intention or desire to cause harm or injury to another party, which is an important factor in determining the culpability in defamation cases.