Libel

Libel is a tort consisting of a false, malicious, unprivileged publication that aims to defame a living person or to mar the memory of one deceased. Printed or written material, signs, or pictures that tend to expose a person to public scorn, hatred, contempt, or ridicule may be considered libelous.
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What is Libel?

Libel is a form of defamation expressed in a permanent medium, particularly in writing, print, or some other tangible form. It is a false and defamatory statement made about someone, published without lawful justification, which injures the reputation of that person. Unlike slander, which refers to spoken defamation, libel involves damage done by printed words, photographs, signs, or other visual content.

Examples of Libel

  1. Newspaper Articles: Publishing a false story about someone committing a crime that they did not commit.
  2. Social Media Posts: Posting an untrue statement on Facebook alleging that a person has a contagious disease.
  3. Books or Magazines: An author including false and damaging claims about someone in their book.
  4. Public Billboards: Displaying a defamatory statement about a person in a public place.

Frequently Asked Questions (FAQs)

1. What is the difference between libel and slander? Libel refers to defamatory statements made in writing or another permanent form, whereas slander involves defamatory remarks that are spoken or otherwise temporary.

2. Can a true statement ever be considered libelous? No, for a statement to be considered libel, it must be false. Truth is a defense to defamation.

3. What defenses are available to someone accused of libel? Common defenses include truth, privilege (absolute or qualified), opinion (if the statement is clearly an opinion rather than a fact), and consent.

4. Can public figures sue for libel? Yes, public figures can sue for libel, but they must also prove actual malice, meaning the statement was made with knowledge of its falsity or with reckless disregard for the truth.

5. Is an apology sufficient to mitigate a libel claim? An apology can sometimes mitigate damages but does not automatically absolve the publisher of liability.

  • Slander: Defamation that is spoken and not captured in a permanent form.
  • Defamation: A general term encompassing both libel and slander, referring to the act of damaging someone’s reputation.
  • Actual Malice: Knowing that a statement is false or recklessly disregarding whether it is false, a standard required in libel cases involving public figures.
  • Privilege: A defense in defamation cases where some communications are of social importance and are thus protected, such as in judicial proceedings.

Online Resources

  1. Legal Information Institute - Defamation
  2. American Bar Association - Defamation, Libel, and Slander
  3. FindLaw - Libel and Slander Law

Suggested Books for Further Studies

  1. The Law of Defamation and the Internet by Matthew Collins
  2. American Defamation Law by Robert D. Sack
  3. Gatley on Libel and Slander by Patrick Milmo QC and W. V. H. Rogers
  4. Defamation, Libel Tourism and the SPEECH Act of 2010 by Jeffrey W. Stempel and Willaim P. Bryson
  5. McNae’s Essential Law for Journalists by Mike Dodd and Mark Hanna
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