If someone is spreading lies about you—verbally or in writing—you have legal options to protect your reputation. After all, lies can cause real damage. If you’re a writer and someone falsely accuses you of plagiarism, your professional reputation will take a hit. If you’re a newlywed and someone falsely accuses you of cheating on your spouse, the honeymoon phase of your marriage will end real quick.
In this article, we’ll define defamation, libel, and slander. We’ll also take a look at a few examples and see where libel and slander overlap and where they differ.
What Is Defamation?
Defamation is a legal term for a false statement that injures someone’s reputation. Libel is written defamation. Slander is spoken defamation.
Defamation is an exception to First Amendment protections for speech. Each state has its own defamation laws, but the basic principles of defamation law are the same in every state.
Defamation is a crime in a few states, but it is a civil wrong (called a “tort”) in all 50 states. You can file a civil lawsuit against someone who makes a false statement about you that harms your reputation and ask for compensation for your damages.
How to Prove a Libel Claim
A plaintiff suing for libel typically must show that the defendant:
- published a false statement of fact in writing about the plaintiff or the plaintiff’s business
- the statement was published to a third party (someone other than the plaintiff)
- the statement harmed the plaintiff’s reputation, and
- the statement was made with some degree of fault.
What Is a Writing?
The task of categorizing a statement as spoken word or writing was a lot easier before the internet. Traditional forms of writing include books, magazines, and newspapers. But what about television broadcasts, documentaries, podcasts, blogs, and social media posts?
As a general rule, false internet posts that harm someone’s reputation are libel. And spoken words from a written script are libel in most states. Digital communications like text messaging, direct messages, and cellphone videos are more complicated. For now, courts focus on the permanence of the defamatory statement. The more permanent the statement, the more likely it is to be treated as libel.
Degrees of Fault
Plaintiffs must show that the defendant was “at fault” when the defamatory statement was made. But different standards of fault apply depending on who was defamed. Private figures—your local bank manager, your neighbor, your handyman—must show that the defendant acted negligently (carelessly) when making the false statement.
Public figures—politicians, celebrities, professional athletes, public officials—have to show more. Public figures must prove that they were defamed with actual malice. In other words, they must show that the person defaming them knew that the statement was false, or showed reckless disregard for whether it was true or false.
Why the double standard? Courts believe that public figures should expect a certain degree of public criticism and that journalists and others need to be able to freely talk and write about them without fear of getting sued.
How to Prove a Slander Claim
A plaintiff suing for slander typically must show that the defendant:
- said a false statement of fact about the plaintiff or the plaintiff’s business
- the statement was said to a third party (someone other than the plaintiff)
- the statement harmed the plaintiff’s reputation, and
- the statement was made with some degree of fault.
Some slander plaintiffs have the added burden of showing that they suffered special damages as a result of the slander. Special damages are evidence that the slanderous words resulted in economic harm to the plaintiff, like lost income or employment.
Not all slander plaintiffs have to prove special damages. Some categories of false statements— called slander per se—are so widely understood to be harmful that damages are presumed. Examples of statements that are slander per se include statements that falsely claim that someone:
- committed a crime
- suffers from a contagious disease (like a sexually transmitted infection)
- lacks professional ethics or skills, or
- engaged in improper sexual conduct.
The same categories of statements are libel per se if the false statements are written instead of spoken and damages are similarly presumed.
What Counts as Speech?
Slander is spoken defamation, whether the false statements are made at a cocktail party, a local town hall meeting, or at a professional conference. Courts are split as to whether radio and television broadcasts are libel or slander.
Spoken words are typically more short-lived than written words and generally reach a smaller audience. But defamatory digital statements blur the line between spoken and written words, which is why some states have gotten rid of the libel/slander distinction entirely and many more are questioning whether it still makes sense to have two forms of defamation now that technology has changed the way we communicate.
What Is the Difference Between Libel and Slander?
Libel and slander are two methods of defamation—libel for written communication and slander for spoken.
Other than the means of communication, the main difference between libel and slander is that slander plaintiffs typically have to prove everything that libel plaintiffs have to prove (see above) and special damages (economic harm).
Going to Court With a Slander or Libel Claim
If someone is saying or writing false things about you in the media, you should demand a retraction. Many states require plaintiffs to request a retraction before they can file a defamation lawsuit. If the defamation is ongoing, you might want to send a letter (similar to a cease and desist letter) demanding that the defamation stop immediately.
Slander cases are often more difficult to prove because verbal statements are more fleeting than written ones. It’s a good idea to keep a log of when and where the slanderous comments happen, and exactly what the defendant says. Be sure to write down the names and phone numbers of people who hear the verbal statements.
The amount of time you have to file a lawsuit—called the “statute of limitations"—can be as little as one year from the date when the defendant made the defamatory statement. So, contact a lawyer right away if you think you may need to sue to protect your reputation.
How Much Is My Defamation Case Worth?
If you decide to file a defamation lawsuit, it’s natural to wonder how much your claim might be worth. Amounts vary from case to case, but defamation damages typically include:
- lost income (past and future)
- lost earning capacity
- lost employment benefits
- medical bills for treatment for mental anguish (past and future), and
- pain and suffering (like mental anguish, emotional distress, loss of standing in the community, loss of enjoyment of life, anxiety, and sleep loss).
You might also be entitled to collect punitive damages if you can show that the defendant made the defamatory statement with actual malice (see above) or because the defendant’s conduct was outrageously bad. Punitive damages are meant to punish defendants for appalling behavior, rather than compensate plaintiffs for their losses.
Some public figures have won large awards in defamation trials. For example, Johnny Depp famously won his defamation case against his ex-wife Amber Heard in 2022. The jury awarded him $10 million in compensatory damages and $5 million in punitive damages. The punitive damage award was reduced by the judge to $350,000 to comply with a statutory cap on damages in Virginia. Heard filed an appeal, citing "errors" by the court, but eventually agreed to pay Depp $1 million and drop the appeal.
An award for a private figure is likely to be substantially smaller and could be as low as $1 if the judge or jury awards nominal damages only.
Talk to a Defamation Lawyer
If someone is spreading lies about you, you have a right to protect your reputation. Talk to a lawyer about whether it makes sense for you to file a libel or slander lawsuit.
A lawyer can answer your questions, research defamation laws in your state, and advocate for you in court. Learn more about hiring and working with lawyers. You can also connect with a lawyer directly from this page for free.