Slander

Definition

Slander refers to the act of making false spoken statements that damage a person's reputation. It is a form of defamation, which encompasses any statement—written or spoken—that is untrue and harms someone’s good name. Unlike libel, which involves written statements, slander is typically more transient and often takes place in informal contexts, making it more challenging to prove in legal situations.

5 Must Know Facts For Your Next Test

1. Slander must be proven to be both false and harmful to the victim's reputation for a successful defamation claim.
2. Because slander is spoken, it often relies on witnesses who can testify about what was said, making it harder to prove than written defamation.
3. Certain categories of slander, such as those involving accusations of a crime or professional incompetence, are considered more serious and may result in higher damages.
4. Public figures have a higher burden of proof in slander cases, needing to show that the statement was made with 'actual malice'—meaning the speaker knew it was false or acted with reckless disregard for the truth.
5. Many jurisdictions have statutes of limitations for bringing a slander claim, meaning there is a limited time frame after the incident within which a lawsuit must be filed.

Review Questions

• How does slander differ from libel in terms of legal implications and evidence requirements?
  • Slander differs from libel primarily in that slander involves spoken statements while libel pertains to written statements. Legally, this distinction affects how evidence is gathered and presented in court. In slander cases, witnesses often need to testify about the spoken words since they lack a permanent record like written defamation. This can make proving slander more challenging because there may be fewer direct pieces of evidence compared to written statements.
• What are the challenges associated with proving slander in a legal context compared to other forms of defamation?
  • Proving slander poses unique challenges due to its transient nature; spoken words do not leave behind a physical record like written statements do in libel cases. This means that plaintiffs must rely heavily on witness testimony, which can vary greatly. Additionally, public figures face stricter standards by needing to demonstrate 'actual malice,' making it even tougher for them to succeed in slander lawsuits compared to private individuals who may have an easier time establishing harm.
• Evaluate how social media has transformed the landscape of slander claims and what implications this has for individuals and public figures alike.
  • Social media has drastically changed how slander claims arise and are pursued due to the rapid spread of information and often anonymous nature of online interactions. Statements made on social media platforms can reach wide audiences quickly, potentially causing immediate reputational damage. For individuals and public figures alike, this means they must navigate a complex environment where casual comments can lead to serious legal consequences. The permanence and traceability of online posts may blur lines between slander and libel, pushing courts to reconsider traditional definitions and standards in an evolving digital landscape.

Related terms

defamation: Defamation is the broader legal term that encompasses both slander and libel, involving the act of making false statements about someone that injure their reputation.

libel: Libel is a type of defamation that involves false written statements that harm an individual's reputation, contrasting with slander which involves spoken words.

burden of proof: The burden of proof refers to the obligation of the plaintiff in a defamation case to provide evidence that the statement made was false and harmful.