“It’s a free country. I can say whatever I want.” If you grew up in the United States, you probably heard this phrase on the playground growing up. While it may have seemed like a good retort back then, it’s not entirely true. As it turns out, you can’t just say whatever you want… at least not without legal recourse.
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Understanding what you can and cannot say about other people can help you avoid lawsuits, and it can also help you know what your options are if anybody ever says anything untrue about you. Defamation, libel, and slander are all legal terms that help define false, harmful statements.
What is Defamation?
Defamation is an umbrella term that encompasses libel and slander. Any time you make false statements about somebody and those statements have the potential to harm their reputation or character, that is defamation. A big key in determining if something is defamation is that the statement has to be false. If it’s true, it’s not defamation. If you say something about somebody that could harm their reputation but the statement is true, that’s not defamation.
Distinguishing defamation from legal free speech can be tricky. In 1964, a landmark case helped make this distinction. New York Times Co. vs Sullivan was a precedent for the “actual malice” standard often used in defamation cases. The plaintiff, L.B. Sullivan, sued the New York Times for publishing untrue information. Initially, Sullivan won the case, but after an appeal, the Supreme Court reversed the decision. They determined that it’s important to be able to have a democratic debate regarding public issues and that sometimes during that process, mistakes happen.
Defamation lawsuits often involve celebrities and politicians, but they don’t have to. When it comes to defamation cases, the way everything plays out is different depending on whether the plaintiff is a public figure or not. If they are a public figure, they will need to prove that the defendant knowingly made a false statement or that they were reckless in their disregard for the truth, otherwise known as actual malice. For private figures, they’ll only need to prove that the defendant was negligent. You don’t need to be a member of the media or in the public eye to be accused of libel or slander. Anybody can be accused of and tried for defamation.
In recent years, cyber defamation has also become increasingly common, as people interact on online forums, websites, and social media. It’s important to remember to be careful of what you say online and to know that just because you delete something doesn’t mean it’s gone. Once something is on the internet, it’s nearly impossible to get rid of it forever.
Libel vs. Slander
The difference between libel and slander is that libel refers to written statements and slander refers to spoken statements. The key is that the statements have to be both false and damaging to be considered libel or slander. Defamation can range from falsely accusing someone of a crime to telling a story and leaving out key details
What is Slander?
In 2013, Swift alleged that Mueller groped her during a meet and greet. After losing his job, he then sued Swift in 2015 for defamation (slander); Swift countersued for assault and battery. Ultimately, Swift won the lawsuit and was awarded the $1 in symbolic damages she sought.
Slander can be any oral statement, whether it is recorded or not. This could be on a phone call, a YouTube video, or a podcast, for example. If the slander is not recorded, there are other ways to gather evidence, and witnesses often play a large role in cases regarding slander. The key is that it somehow needs to be communicated to a third party.
One of the most famous slander cases in recent years involved Taylor Swift and radio DJ David Mueller. In 2013, Swift alleged that Mueller groped her during a meet and greet. After losing his job, he then sued Swift in 2015 for defamation (slander); Swift countersued for assault and battery. Ultimately, Swift won the lawsuit and was awarded the $1 in symbolic damages she sought.
What is Libel?
Libel can be any written statement, whether it’s professionally published or not. This could be a blog post, a newspaper article, or a comment on a Facebook post, for example.
One very famous recent libel case was the 2022 case of Johnny Depp vs Amber Heard. In the lawsuit, Depp accused Heard of libel via a Washington Post article she wrote that insinuated that he was violent toward her, and he claimed that the article caused him to lose out on jobs. Depp was awarded over $10, 000,000 in damages.
How to get help with a defamation lawsuit
If you’re facing a defamation lawsuit, whether somebody has said something untrue about you or you have been a victim, a lawyer who is experienced with defamation, libel, and slander can be greatly beneficial. Having somebody who knows the ins and outs of defamation on your side can be the difference between winning and losing your lawsuit.
