Libel claims require false published statements that damage reputation and satisfy specific legal standards of proof. This article covers definitions, defenses, damages, and how courts evaluate libel, slander, and defamatory meaning.
By Douglas Wade, Attorney
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Libel is one of the numerous legal reasons for proceeding that the public at large usually considers appropriate, despite being a tough and complicated issue to prove and allege. When it is employed in common conversation, most people think it just means expressing anything untrue about somebody. When filing a case for damage based on those explanations of action, a person must fulfill important legal requirements to triumph.
Defamation is defined as a statement that is not true and causes harm to another individual (the legal context is “publication”). Defamation can take two forms: vocal (slander) & written (libel). Each has rather distinct requirements for establishing and proving damages. Before damages are granted in any scenario, the elements of slander or libel must be proven to the court’s satisfaction.
This article will address the fundamental requirements for establishing each, as well as the specific issues that come up when these claims are made. Additionally discussed are the common effective tactics for preventing defamation-based actions.
A. Defamation’s broad definition
A violation of another person’s reputation is one definition of defamation. It could be slander or libel. It involves a) publishing material that is (b) untrue, (c) slanderous, (d) unprivileged, & (e) has the potential to inflict injury or extraordinary harm.
Since slander & libel are both intentional torts, the defendant’s goal should have been the distribution. Slander does not include malice or genuine hostility. Proof of purpose is required to pursue fines or to conquer particular privileges. These factors are among the components of libel that judges look at to assess responsibility.
B. Distinguishing Between Libel and Slander
Libel includes more determined types of defamatory content, such as “writing, image, publishing, effigy, or similar permanent depiction to the sight” in California. (Civil Code, Section 45.) Slander, which is usually restricted to words that are spoken and physical language, is the more fleeting kind. Refer to Civil Code Section 46. Online posts and electronic interactions are prime illustrations of libel.
The components of libel are frequently more stringent than those of slander, which has its own set of standards.
C. The Definition of Libel by Statute
We must define libel in legal terms. Any unprivileged & false publication that subjects someone to ridicule, hatred, obloquy, or contempt, or that causes them to be dismissed or shunned, or that has the ability to harm them in their field of work, is considered libel. This can be done through writing, printing, pictures, effigies, or other types of depictions to the eye. This statutory definition closely resembles the elements of libel that are accepted in the majority of American jurisdictions.
You should learn how experts define libel. Under the common law standard, slander & libel have different repercussions. As said earlier, libel is viewed as more serious, harmful, and persistent. If the content is slanderous and in paper or another enduring form that equates to libel, it’s considered unlawful per se; that is, the plaintiff isn’t required to claim or show special damages because harm is presumed to come from the activity. The plaintiff is going to remain entitled to a verdict for moderate damages in the absence of a solid defense to remove their name and expose the untrue accusations.
One of the distinctive features of libel that sets it apart from numerous additional tort actions is the assumption of harm.
A. California’s Libel Doctrine
We need to define libel clearly according to defamation law. In California, the term “libel per se” received a unique meaning. A statement is deemed libelous per se when it is derogatory on its face without evidence of specific harm. However, if it is slanderous per quod—that is, if the libelous nature is not obvious right away and requires a clarification of the conditions (the “innuendo”) for making its meaning apparent—it’s not considered libelous per se & cannot be pursued further without a plea and evidence of exceptional damages.
The concept of libel in general has existed for quite some time in California. Plaintiffs run the danger of losing their lawsuit if they are unable to prove any one of the components of libel. Scholars often define libel differently depending on the jurisdiction.
The doctrine is formalized. A libel is, on the outer layer, described as something that disparages the person who is complaining without providing an explanation, such as an innuendo, inducement, or other outside fact. Even if the statement is not disparaging on its surface, it is not enforceable until the plaintiff asserts and shows that they suffered specific harm as a direct result of the defamatory statement.
If no fair and logical reader would recognize a false & unprivileged publication as possessing a meaning that would damage the subject’s standing in any of the specified ways, then there will be absolutely no libel. When the reader would understand it as defamatory without any help other than their own knowledge and logic, then it is a libel as a whole.
However, if the reader has the ability to discern a defamatory implication due to knowledge of particular conditions and facts that are outside the publication and aren’t things that are commonly understood and logically connected to all logical persons, the libel is not going to be libel per se but rather libel per quod, which requires pleading and evidence of particular damages. It is necessary to comprehend the components of libel that judges would consider before bringing legal action.
B. Criminal conduct
According to Professor Witkin, “the allegation of the committing of a certain kind of crime is manifestly libel per se.”
In San Jose Printing & Publishing v Edwards (1893), a newspaper article claiming that it was known that a specific company was financing dishonest voters and that it was “stated that Edwards is to seize charge of the sack” was found to be defamatory in and of itself. The significance of the term “sack” in this setting was well established, so the plaintiff did not need to prove it.
The plaintiff in Boyich v. Howell (1963) was found guilty, penalized, and barred from occupying a union office for five years after the circular implicated the plaintiff, an appointed councilman & election contestant, of manipulating the vote box in a union election. The court found that this remark was defamatory on its own.
C. Claims of further wrongdoing or personal shortcomings
It could be an accusation that the complainant has a negative personality or has engaged in dishonest behavior. It is sufficient for a publication to create an unfavorable perception of an individual and defame their reputation, even if it does not explicitly state that the individual committed a crime. Both Devlin vs Maher (1928) and Snow vs Stevens (1923) link corporate misconduct to a particular incident or transaction.
Falsely accusing someone of “a breach of confidence put in them or of treachery to his coworkers” is therefore illegal in and of itself (Stull vs Dethlefsen, 1948). In that case, a publicly released letter from an ex-partner alleging that the plaintiff obtained partnership funds that he had failed to deposit into the business’s account was found defamatory on its face, despite the fact that the complainant wasn’t legally convicted of fraud or theft.
In a different instance, it was alleged that the complainant, an advertising agency, had damaged its goodwill by using the company’s stationery after being let go without telling the media about the change in status. This was done to trick a lot of people. As a result, it was slanderous by nature. Courts place a lot of emphasis on whether the proof plainly satisfies the requirements of libel.
D. Insults and disparaging statements
According to the California court rules, a defendant may be held liable for using disparaging language or expressing ideas that suggest wrongdoing rather than actually accusing or charging someone with misconduct. See Times-Mirror Corp vs Newby (1916) [statement that the individual is a “hypocrite”] and Schaefer vs Albertini (1979) [claiming that a lawyer is a “crook” is chargeable as slander in and of itself, without evidence of specific harm].
The defendant was cautioned by the plaintiffs not to park his car close to their place (Norton vs Megarry). The defendant had a banner with derogatory language. The court upheld the plaintiffs’ rulings and found that defamatory remarks were used in an obviously derogatory way with the intention of subjecting the plaintiffs to mockery and contempt.
Maidman led the editorial staff of the local B’nai B’rith publication, was a prominent member of the Jewish community in Los Angeles, and practiced law actively. In Jewish Publications vs Maidman, he was the plaintiff. The non-Jewish defense attorney’s request for a continuation was denied after the plaintiff, who was standing in for a non-Jewish person in a trial, replied that Rosh Hashanah represented a “joyous festival” on which the case may legitimately proceed.
The defendants, owners of a rival Jewish community newspaper, learned about the incident within two weeks. After a year, the newspaper published a piece ridiculing the plaintiff’s statements. The plaintiff asserted these facts & malice. The judge found that the complaint contained an explanation to bring a lawsuit for libel per se and determined in the plaintiff’s favor. The court partially stated the following:
For statements and opinions to be considered libelous, they do not need to be so harsh as to be insulting. Maidman, a well-known person in the Jewish community, was accused of making all Jews look foolish, being undeserving of his high standing in B’nai B’rith, and understanding less about his faith than a young child. Maidman was subjected to ridicule and mocking by both his fellow B’nai B’rith adherents and his other coreligionists across the board due to the defendant’s carefully selected charges.
The court additionally concluded that the text tended to hurt the plaintiff in his profession as an attorney by stating that he purposefully deceived the court to help the client and obstruct the other participants.
In Daily Review vs Williams, plaintiffs executing public pavement work were given specific extensions. The head of public works notified the city administration that the job was not moving forward satisfactorily and that the subcontractor had been told he was responsible for liquidated damages.
The defendant, a regional newspaper, publicized the head’s remarks and pointed out that the city’s issues are comparable to a prior case when a low-bid project took months more than anticipated to finish. The court decided in favor of the complainant and determined that such conduct was defamatory by and of itself, suggesting that the plaintiffs had acted in a way that was inconsistent with carrying out their responsibilities as outlined in their contracts of employment.
In Royal Industries vs Patton (1968), the plaintiffs were talented workers who quit their jobs with the defendant to launch their own business. The defendant mailed a letter to several plaintiffs’ potential clients stating that they were “thrown out” and “replaced with people having more expertise & knowledge.” The plaintiffs won their case because the court determined that the remark was both a serious criticism of their abilities and derogatory in and of itself.
“An oral recitation of an unworthy and false publication” that engages in any one or all of the actions that follow is considered slander:
1. Makes a criminal accusation
2. Has a propensity to have a detrimental effect on him with regard to his position, occupation, business, trade, or company, either by depriving him of general competence in those fields that the position or another job specifically requires, or by depriving him of something associated with his office, job, trade, or business that tends to lower its profits.
3. As a result, actual harm is caused
Unlike libel, only a few types of spoken words are considered damaging. To receive compensation for any other assertions, actual damage has to be pled and demonstrated. If damage can be shown, such as losing a job, being fired, losing business or professional clientele, etc., the procedure may be pursued.
A. Slander broadly
The legal definition states that the following types of statements are intrinsically slanderous.
B. Reputational harm to one’s career or business
According to Professor Witkin:
To get back from a generic accusation of fraud or corruption that does not constitute a criminal offense and does not specifically intend to injure them in their company, office, line of work, or occupation, the plaintiff must prove distinctive damages. Attacks on an employee’s or businessman’s integrity, however, are prohibited in and of themselves and jeopardize their employment.
As a result, the accusation that a jewelry manufacturer was a “fraud” and “got away” with a piece of gold that was provided to him was slander in the conventional sense, negatively impacted his livelihood, and impacted his nature as a bailee.
Santos vs Correia (1961) and the current circumstances are very similar. The plaintiff was the head of the nonprofit organization. In addition to other disparaging remarks, the defendant called the complainant “mad in charge” and a fraudster. The court decided that accusing someone of being dishonest while they are in a personal position of trust or respect is slander in and of itself. To put it another way, Civil Code 46 does not simply apply to those who occupy public office.
Additionally, see Oberkotter vs Woolman (1921). It was derogatory in and of itself to state that the plaintiff, a school principal, would be sacked because the supervisor perceived him as “a weaker point” in the system of education. According to this, the plaintiff was “usually disqualified” in the fields that his line of work “especially demands.”
A. Statement’s Publication
The significance of the publishing
Publication of the defamatory part is necessary. A third person who is aware of its defamatory nature and the way it relates to the plaintiff must be informed. Ringler Associates v. Maryland Casualty Co. (2000)
Conversing with a Single Individual
Communicating with one person is sufficient; the publication doesn’t need to be distributed to the “public” or any large group, Maldonado vs Smith (1999). A bank accountant informed an automotive salesman, “You possess a hot title,” in the presence of a prospective customer, Simpson vs Cunningham (1969).
Expressions with Multiple Interpretations
A party can say that because some statements can be read in several ways, they aren’t actionable. It was once established that a statement is not malicious in and of itself if it contains a defamatory accusation or implication and permits an innocent application. In Barham vs Peabody (1942), the defendant’s newspaper remark that “Peabody’s estranged wife was moreover his aunt” was not intrinsically defamatory since it would imply a lawful marriage with an aunt by kin (widow of a deceased uncle) rather than an immoral one.
However, the relevant rule is no longer the legislation. It was dismissed in Tribune Publishing Company vs MacLeod (1959). During that specific case, the court decided that a term may be derogatory in and of itself even if it is interpreted innocently.
The defendant released an article on the front page of the election publication, according to a doctor who was running for a seat on the McLeod city council, stating that the communist publication “People’s World” had suggested his election. The article’s intended content was that he was a travel companion or communist supporter, but this was false.
In an attempt to undermine him and push for his defeat, the defendant presented a potentially innocuous allegation that communists could have supported someone who differed with them rather than a person who shared their views. The court clarified that:
Such a detailed analysis of language is of limited help in the legislation of defamation since it focuses on the consequences of communications between common people. It shields the shrewd writer who understands the norms of defamation and deliberately uses ambiguous language to convey an obviously defamatory attribution, as opposed to the gullible defamer whose comments are libelous only because he is unaware of certain facts.
Section 45a’s standards specify speech that has a negative message on its face rather than language that can have just one interpretation; they not only don’t support it, but they also contradict it. It would be a shame to the legal system to decide that an accused party who intended to harm the reputation of a political competitor could do so without facing consequences by using derogatory language that might have been construed in an innocent manner.
B. The use of “innuendo,” or pleading & proof with a defamatory implication
When statements or additional content have an ambiguous interpretation or seem innocuous on the outside but are malevolent due to extrinsic factors (i.e., not malevolent “per se”), the complainant must contend and show that they were utilized in a particular way that constitutes them derogatory (the “innuendo”).
Washer v. Bank of America (1943). The Washer complaint states that the plaintiff was let go from the defendant’s position, and the defendant’s officer stated that the defendant couldn’t rehire a person who had committed “outright insubordination” and “had admitted that he had fabricated his own monetary account.” The claimant had no chance of finding employment at any bank. The remarks were intended to create a perception that the person complaining was an incompetent worker. He had engaged in embezzlement.
The plaintiff had a cause of action. The accusation might have a benign meaning. It was necessary to imply that the malicious connotation was meant because the term “falsify” may signify an unintentional or intentional action. According to the court, the accusation of “outright insubordination” regarding his employment conditions was defamatory on its face. Innuendo was not necessary.
C. The claim and proof that the statement qualified as “inducement,” or an accurate account of defamation
In situations where the phrasing is unclear, extrinsic evidence proving that an additional person to whom the allegation was published accurately understood it in its adverse connotation must also be asserted (the “inducement”). In Rangel vs Palm Springs Tennis Club (1999), the tennis venue did not file a libel claim because it did not contend that readers of the defendant’s documents had a special comprehension of the facts that permitted them to determine that the club was tarnished by the allegedly malicious comments made about its officials.
D. The “Colloquium,” or plea, and evidence pertaining to the plaintiff
It must be proven that the assertions were written or spoken about the complainant (the “colloquium”) if they are not mentioned explicitly in the statements.
E. Statutory and factual inquiries
When the phrase’s impact can be seen on its face, the court will consider whether or not it is defamatory. If there are two possible readings of the statement—one benign and the other malicious—the court has to determine whether, considering the extrinsic information provided, the phrase could potentially have had the malicious connotation that the plaintiff claimed. If it was used in that disparaging way, the jury will determine. Connell vs Gallagher (2004)
Slander or libel can have terrible repercussions for the victims. A person’s reputation could be their most precious asset. More so when it comes to their moral character & honesty. One simply needs to look at the livelihoods that have been ruined, ranging from the New York governor to the senator of Alaska, to comprehend the profound influence that integrity & opinion can have on an individual’s future.
However, as renowned trial counsel Louis Nizer said in his final argument, one’s career and personal matters can be more quietly harmed. Nizer termed it “the telephone that doesn’t ring a bell.” How often has somebody been hurt when acquaintances or even coworkers no longer want to see them?
Maintaining one’s reputation is a good idea, but going overboard is stupid. Since the primary argument in slander and libel lawsuits is the “actual” foundation of the claim, every lawsuit based on these allegations culminates with a public contestation of the charges. The plaintiff may learn that they are the true “defendant” when the jury & judge are shown alleged evidence of the same accusations. The public at large has seen them publicized.
The plaintiff ought to prove that the accusations are false. The trial’s potential public exposure might make an already precarious position worse. The common law components of libel are closely aligned with California’s legal definition.
There are also numerous privileges that could be utilized in defense. For instance, if the side posting it and the person receiving it share a “common interest,” like handling a common economic concern, a privilege might be relevant. Furthermore, the plaintiff bears a far greater burden of demonstrating damages for libel committed by public figures.
The person defending against the accusations of slander or libel ought to be aware that establishing a claim of this kind may turn out to be a very challenging undertaking as a litigator. These defenses should be considered well before a lawsuit is filed. Qualified legal experts should assess the damages & circumstances surrounding each event accusation. Then only they should decide whether to pursue legal remedies.
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