What is slander?

Slander is verbal communication that harms a person’s reputation by telling one or more other people something that is untrue about that person. Slander is an oral defamation.

Author: Brad Nakase, Attorney

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Slander is a false statement made orally that defames another person. Slander must be a false, spoken statement about someone which damages that person’s reputation. Slander is only one type of defamation of character. When one individual slanders another, they disparage the victim, humiliate them, and harm them. Often, Slander also adversely affects a company’s reputation when the individual makes false, damaging statements about the business, its CEO, or another related person.

In this article, our business dispute attorney discusses slander as follows:

What counts as business slander?

If a competitor poses as a customer and tells people lies about your business with the intent to steal customers away from your business, this is slander, but you must be able to prove the intent to harm to have cause for legal action. For instance, if a statement is false, and a business loses customers due to the false statement, it may be considered slander. An unhappy reviewer can do a lot of damage to the reputation of a company, particularly if the content of the review is exaggerated or entirely false.

A business can sue if an online review false, libelous, slander, untruthful, or interferes with a business expectancy.

How Does Slander Work?

Slander is a form of defamation that is communicated verbally to a third party. slander occurs when the reputation or good name of someone is damaged as a result of false statements that are orally made. Defamation of character happens when someone’s reputation is harmed because of another party’s fraudulent statements or actions.

Slander encompasses all forms of verbal denigration. Denigration of defamation occurs when one individual’s verbal statements inflict harm on another, their career, or their reputation.

While the laws of the United States respect the ability to speak freely, this right to express oneself verbally is not absolute. For example, most courts in the US limit what people can say when they profess to make false claims about others.

The speaker must present Slander as a fact, not an opinion. Plus, the person must make these defamatory comments to a third party.

Slander has serious consequences, and tort law covers Slander. Tort law is the legal branch that covers civil matters. Tort law seeks to deal with wrongdoing against individuals and parties and sometimes awards people with damages in the form of monetary compensation.

When people are subjected to unfair, slanderous statements, they can present their cases in civil court. When an individual is deemed guilty of defamation, they may be instructed to pay monetary damages to the victim.

How Do You Prove Slander?

To prove slander, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) oral communication of that statement to a third person; 3) defendant’s fault amounting to at least negligence; and 4) the plaintiff sustained damages.

Victims of Slander must prove that the denigration occurred and do so in court. As such, the burden of proof lies with the plaintiff or complainant.

The party must be able to prove to the court that slanderous statements were made and prove it beyond a reasonable doubt. The victim must prove that denigratory words were stated with malicious intent to the third party. Additionally, the victim must prove that the party who committed Slander believed they were communicating a fact or series of facts.

These qualifications make proving Slander a challenge for attorneys. If you believe you are a victim of Slander, contact an experienced lawyer.

It can be difficult for public figures to prove Slander, as opposed to private individuals seeking defamation. Individuals must prove that malicious intent existed, meaning that the complainant must prove that the offender knew their statements were false but spread them anyway.

Slander and libel both types of defamation. Slander is an untrue defamatory statement that is spoken orally. Libel is an untrue defamatory statement that is made in writing. Libel is defamation in written form. Slander is defamation that is spoken out loud.

Slander consists of verbal statements that are defamatory in nature. Libel consists of printed denigration or defamation broadcast through a specific medium. As such, libel can be broadcast on television or the radio, printed in a newspaper or magazine or written online on a blog or other source.

Theoretically, libel reaches a vast audience, making it more permanent than Slander, which often only reaches a small number of people.

Defamatory statements only qualify as libel if they become published. However, even statements made on websites with very few visitors can be libelous because they are published.

It is libel if one person reads a defamatory comment or post. However, the statement cannot be true.

For example, let’s say a blog features an article about a famous company CEO. In the comments, one user writes that the CEO is guilty of sexual harassment.

If the statement is true, there can be no claim of libel. However, suppose the statement is false, and the commenter made the statement maliciously, with an intent to damage the reputation of the famous CEO. In that case, the person who wrote the comment may be guilty of libel. In this example, the CEO could sue the person who wrote the comment for libel and possibly collect damages.

Is Slander a Crime?

In some states, slander can sometimes be charged as a crime and be punishable by jail time or fine. However, in California, slander is not a crime. The person who has been can sue in a civil lawsuit and recover damages.

US States where slander is illegal and a crime

Twenty-four states have laws that make it a crime to publicly say mean things about people, with penalties ranging from fines to imprisonment: Nevada, Texas, New Mexico, Louisiana, Mississippi, Alabama, Florida, Utah, Kansas, Oklahoma, Kentucky, Virginia, North Carolina, South Carolina, Massachusetts, Maine, Illinois, Idaho, Montana, North Dakota, South Dakota, Minnesota, Michigan, Wisconsin,

Is Slander the Same as Defamation?

Libel and slander are both types of defamation. Defamation includes slander and libel. Slander is defamation that is spoken by the defendant.Defamation is any communication that intends to destroy a person’s career, reputation, or both.

Libel, on the other hand, is written denigration. Libel occurs in newspapers, blogs, chat rooms, letters to the editor, blog comments, blog comments, social media websites, and more.

How to sue for slander in California?

To sue for slander in California, a plaintiff must prove five elements to establish a defamation claim:
  1. An intentional publication of an oral statement of fact;
  2. The verbal statement is false;
  3. That verbal state is unprivileged;
  4. The verbal statement has a natural tendency to injure or causes “special damage;” and,
  5. The defendant’s fault in publishing the statement amounted to at least negligence.

Individuals cannot purposefully make defamatory comments at someone else’s expense. When someone verbally denigrates someone else, the victim can sue the offender for Slander.

Tort law includes slander, and the victim can seek a remedy to their case in civil court. In addition, the victim may be able to collect damages in the form of payment. However, the victim must be able to prove that the Slander occurred using witnesses or other proof.

Is It Difficult to Prove Slander?

It can be difficult to prove a slander lawsuit because you must prove you were damaged by a the oral statement. Unfortunately, defamation of character claims are extremely difficult to prove in the court because you have to prove that you were harm and have money damages.

Since the burden of proof for slander rests with the victim, proving Slander can be difficult. Proving that the slanderer acted with intent and did so maliciously can be difficult, as can showing the court that the person was aware that their claims were untrue.

Slander is verbal, and the transient nature of verbal communication makes proving Slander complicated and challenging for attorneys.

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