Slander

Definition

Slander is a form of defamation that involves making false spoken statements that harm a person's reputation. Unlike libel, which refers to written defamation, slander deals specifically with verbal communication. Understanding slander is crucial for evaluating the elements of defamation and its implications in the age of viral misinformation and fake news.

5 Must Know Facts For Your Next Test

1. Slander typically requires proof that the statement was not only false but also made with negligence or actual malice, particularly if the subject is a public figure.
2. Unlike libel, which usually has a clearer path to damages because it's in writing, slander often requires additional evidence of harm to reputation.
3. Certain statements are considered slander per se, such as accusations of criminal behavior or professional incompetence, meaning damages are presumed without needing to prove harm.
4. In the context of social media, slander can spread rapidly through spoken word and audio/video content, increasing the potential for reputational damage.
5. Defenses against slander include truth (the statement is accurate) and privilege (the statement was made in a context where it is protected by law).

Review Questions

• How does slander differ from libel in terms of legal implications and burden of proof?
  • Slander differs from libel primarily in its medium; slander involves spoken words while libel involves written statements. Legally, slander requires the plaintiff to demonstrate not only that the statement was false but also that it caused actual harm, as opposed to libel where harm is often presumed. The burden of proof can be more challenging for slander cases since verbal statements may not have tangible evidence like written documents.
• What role does the concept of 'slander per se' play in legal cases involving defamation?
  • 'Slander per se' refers to certain statements that are inherently damaging, such as allegations of criminal activity or professional misconduct. In such cases, plaintiffs do not need to prove actual harm to their reputation because the law presumes damage due to the nature of the statements. This concept simplifies legal proceedings by allowing plaintiffs to focus on proving the falsity of the statement rather than the extent of damage.
• Evaluate the challenges posed by social media and digital platforms regarding slander and its impact on public discourse.
  • The rise of social media presents significant challenges regarding slander, as spoken statements can be shared instantly and widely, potentially leading to rapid reputational harm. The informal nature of online interactions complicates the identification of defamatory content and accountability for those making false claims. Additionally, with misinformation spreading quickly, it becomes harder to distinguish between legitimate discourse and harmful slanderous remarks, impacting how society engages in discussions about truth and reputation.

Related terms

Defamation: A false statement that injures a person's reputation, which can be categorized into libel (written) and slander (spoken).

Libel: A type of defamation that occurs when false statements are made in written form, causing harm to an individual's reputation.

False Light: A legal claim related to privacy that involves portraying someone in a misleading way, which can also harm their reputation.