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 false communication that injures another person's character. Understanding slander is crucial in narrative journalism because it highlights the legal risks journalists face when reporting on individuals and requires careful consideration of the truthfulness and context of the information presented.

5 Must Know Facts For Your Next Test

1. To prove slander, the plaintiff must demonstrate that the statement was false, damaging, and made with a degree of fault, such as negligence or actual malice.
2. Public figures face 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.
3. Slander claims can be difficult to prove due to the transient nature of spoken statements, which often lack documentation compared to written defamation cases.
4. In many jurisdictions, slander has a statute of limitations that typically ranges from one to three years, which limits the time frame for bringing a legal claim after the defamatory statement is made.
5. Journalists can mitigate defamation risks by ensuring accuracy, seeking multiple sources for confirmation, and clearly identifying opinions versus factual statements.

Review Questions

• What elements must be proven in a slander case, and how do they differ for public figures?
  • In a slander case, the plaintiff must prove that the statement was false, damaging to their reputation, and made with fault—either negligence or actual malice. For public figures, however, the burden of proof is higher; they must demonstrate that the statement was made with actual malice, meaning that the speaker knew it was false or acted with reckless disregard for whether it was true or not. This distinction underscores the challenges public figures face in protecting their reputations.
• Analyze how journalists can protect themselves from potential slander claims when reporting on sensitive subjects.
  • Journalists can protect themselves from slander claims by ensuring they verify facts before publication and utilizing multiple credible sources to confirm information. Clearly differentiating between opinion and fact in reporting is also essential. Additionally, journalists should be cautious about attributing statements to sources and consider the context in which statements are made to avoid misinterpretation. Maintaining ethical reporting standards can significantly reduce the risk of facing defamation lawsuits.
• Evaluate the implications of slander laws on narrative journalism and its ability to inform the public while balancing legal risks.
  • Slander laws create significant implications for narrative journalism by imposing strict standards on what can be reported without risking legal repercussions. Journalists must navigate these laws carefully to ensure they provide accurate information while also protecting individuals' reputations. This balancing act affects how stories are told and may lead to self-censorship or hesitancy in covering certain topics. Ultimately, while these laws aim to protect individuals from falsehoods, they can also complicate journalists' responsibilities to inform the public about critical issues.

Related terms

Defamation: Defamation is the broader category that includes both slander and libel, involving any false statement that harms someone's reputation.

Libel: Libel refers to defamation through written statements or published content, as opposed to slander which is spoken.

Public Figure: A public figure is someone who has achieved prominence in society, and for whom proving slander requires showing actual malice or reckless disregard for the truth.