What is Slander? Meaning, Examples, and Libel vs. Slander

Slander is spoken defamation that harms a person’s reputation through false statements presented as fact to other people. This article covers meaning, examples, defenses, and the difference between slander and libel in defamation law.

By Douglas Wade, Attorney

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Table of Contents

1. Introduction

2. What is Slander?

3. Slander is a type of verbal defamation

4. Examples of Slander

5. What is considered business slander?

6. How is Slander Executed?

7. The difference between libel & slander

8. Defenses Available Against Slander Allegations

9. Defamation lawsuit in California

10. Famous Slander Cases

Introduction

Slander is an oral falsehood that denigrates another individual. A verbal false statement that harms someone’s reputation must be considered slander. One form of character defamation is slander. When someone slanders another, they denigrate, degrade, and injure the victim. Slander usually has a negative impact on a firm’s reputation when someone makes untrue, disparaging remarks about the company, its chief executive officer, or another relevant figure.

What is Slander?

The definition of slander is a little broader. It embraces every type of defamation that does not exist in a fixed form (audio recordings, video, or writing). This is despite the fact that it is typically considered a verbal defamatory conduct. Slanderous remarks can involve both spoken words and gestures.

They are transient rather than permanent. The claim must be false. It has to be conveyed to others as if it were true for it to qualify as slander. Both genuine statements and statements expressed as views are not considered slander.

Understanding “What is slander?” is important. Even casual spoken accusations can have serious legal consequences.

Slander is a type of verbal defamation

False assertions made in written or spoken communication that harm someone’s reputation are considered defamation. It is necessary to communicate with a third party. If you make an untrue comment to someone and no one else reads or hears it, it is not considered defamation. Libel is the term for written defamation. It’s called slander when it’s spoken.

You ought to be able to successfully prove the components of a slander case if you are a private individual and the slander refers to a personal issue that is not an issue of public concern. Slander would occur, for instance, if a TV news presenter published a piece accusing you of being a dishonest businessman or a sexual offender when you are neither of these things.

If you are someone in the public eye, though, you also have to demonstrate that the defamation is motivated by genuine malice. When false statements are made with reckless disdain for their veracity or with awareness of their falsehood, this is referred to as actual malice.

Because it is crucial for the people to be allowed to use their rights under the First Amendment to criticize public officials and different public figures, there are more stringent regulations for public figures, celebrities, and issues of public concern.

Many people ask, “What is slander?” It is verbal defamation that damages a person’s public image.

Examples of Slander

A slanderous speech must be false and have a plausible chance of harming the reputation of another individual. Examples consist of:

False claims that someone was found guilty of a crime or that they attempted or intended to commit a crime
False claims that someone lied under oath or committed perjury
Untrue assertions that someone is engaged in an affair
False claims that an individual has an infection that is transmitted sexually
False assertions that someone has received treatment for substance misuse
Untrue assertions that someone has committed domestic abuse

What is considered business slander?

Slander occurs when a rival pretends to be a client and spreads false information about your company with the intention of luring clients away. However, with the goal of pursuing legal action, you should be able to demonstrate the purpose of doing harm. For example, it can be deemed defamation if a business loses clients as a result of a false statement. A disgruntled reviewer can seriously harm a company’s reputation. More so, if the review’s substance is fabricated or overstated.

The company may file a lawsuit if an internet review is false, defamatory, slanderous, untruthful, or conflicts with a commercial expectation.

How is Slander Executed?

Slander is a verbal slander directed at a third party. Slander happens when someone’s excellent name or reputation is tarnished by speaking untrue comments. When someone’s reputation is damaged by the false words or deeds of another person, this is known as defamation of character.

Any type of verbal disparagement is considered slander. When someone verbally harms another person, their profession, or their reputation, this is known as disrepute or defamation.

Although the freedom to express oneself vocally is protected by US law, this right is not unqualified. For instance, the majority of US courts restrict what persons are allowed to say when they claim to be making false statements about other people.

Slander must be presented by the speaker as a truth rather than an opinion. Furthermore, the offending remarks must be directed at a third party.

Slander is covered by tort law and has grave repercussions. Tort law deals with civil cases. It aims to address wrongdoing against people and parties. It occasionally provides financial recompense as damages.

“What is slander?” It simply refers to false spoken statements that harm someone’s reputation.

The difference between libel & slander

Slander and libel are types of defamation. Slander is defined as an oral statement that is untrue & defamatory. Libel is the term for a false & defamatory written statement.

Verbal remarks that are malicious in nature are considered slander. Libel is defined as printed disparagement or defamation that is disseminated via a particular medium. Libel can therefore be published online on a website or other platform, broadcast on TV or the radio, or published in a magazine or newspaper.

Libel is more lasting than slander, which usually reaches a limited number of individuals, because it theoretically reaches a large audience.

Only when defamatory remarks are published can they constitute libel. However, because they have been published, remarks made on blogs with extremely few visitors might still be considered libel.

If one individual reads a post or comment that is defamatory, it is libel. But it can’t be true.

Defenses Available Against Slander Allegations

The available defenses typically match the criteria that must be demonstrated to prove slander:

The fact of the matter is an absolute defense; a slander allegation will not be successful if the factual assertion at its core can be confirmed to be objectively true.
Although statements of expression are not considered slander, a jury may determine that a stated expression of opinion was, in fact, a disguised declaration of fact after considering all relevant facts.
Slander does not apply to statements expressed with the claimed victim’s consent.
Slander does not apply to statements that aren’t heard or communicated to a third person.
Communications with absolute or conditional privilege are not considered slander. Statements made during court proceedings, statements made by specific officials in the government, statements expressed by legislators in session, statements shared during political debates or broadcasts, and statements exchanged between spouses are all protected by absolute privilege.
Statements made within the government reports or by government officials, testimony given during legislative processes, statements made in defense of oneself or others, and statements incorporated into reviews that are deemed to be fair criticism are all normally protected by qualified privilege.

Defamation lawsuit in California

The complainant has to establish five criteria.

A deliberate release of an oral assertion.
The verbal assertion is untrue.
The verbal state is not privileged.
The defendant’s release of the remark equated to negligence.
The statement made verbally has an inherent propensity to harm or inflict “particular injury.”

It is forbidden for someone to intentionally disparage another person. The victim may file a slander lawsuit against the perpetrator when someone verbally disparages them.

Slander is covered under tort law. The victim may pursue a civil court remedy. The victim might be able to get monetary damages. The victim should be able to use witnesses or other evidence to demonstrate slander.

Famous Slander Cases

1. Sean Penn receives an apology from Lee Daniels for remarks that may have been defamatory.

Actor Sean Penn received an apology from “Empire” TV program creator Lee Daniels in May 2016 for remarks made in an interview linking Penn to domestic abuse. Daniels attempted to have Penn’s defamation lawsuit dismissed by arguing that his remarks were his opinion. The action was ultimately settled out of court after Daniels expressed regret for his remarks, covered Penn’s legal costs, and donated to a nonprofit of Penn’s choosing.

2. Infowars defamed the parents at Sandy Hook

Alex Jones (founder) of the site Infowars was ordered to pay over $1 billion in November 2022. His claims regarding the 2012 Sandy Hook Elementary School killing on his own website & podcast were found to be defamatory in nature. There were two lawsuits. Relatives of the victims filed a lawsuit against Jones and his business after Jones claimed the incident was staged.

3. Fox News slander lawsuit related to elections

A lawsuit was filed against Fox News by Dominion Voting Systems. It was the cable network’s on-air statements regarding voting devices. The same devices were used in the 2020 election. Dominion received 800 million dollars from Fox News.

4. Rudy Giuliani Case: He was held accountable for disparaging election workers

Two election officials filed a case against New York City Mayor Rudy Giuliani (2023). They found him responsible for slander. He claimed that election workers committed electoral fraud during a Georgia legislative election. They were deemed false & defamatory by a judge.

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What is Slander? Meaning, Examples, and Libel vs. Slander

Introduction

What is Slander?

Slander is a type of verbal defamation

Examples of Slander

What is considered business slander?

How is Slander Executed?

The difference between libel & slander

Defenses Available Against Slander Allegations

Defamation lawsuit in California

Famous Slander Cases

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