In the real world, what we say and write matters. While people have the power to share their voice online, it must be used wisely so that it does not defame anyone. While sticks and stones may not break anyone’s bones, the wrong words can land you in some legal hot waters. 

Defamation cases often rest on charges of libel or slander. These two distinct but often misunderstood concepts can land people in trouble for damaging reputations and sometimes even cause legal problems. Understanding libel from slander is critical whether you’re a seasoned legal professional or simply a responsible communicator. Here’s what you need to know. 

Commercial Litigation for Libel and Slander

When it comes to the legal world, a commercial litigation attorney often works cases that involve libel and slander in the business realm. It’s important to understand that you are responsible for the things you say and the things you write, especially if it causes damage to another individual or business entity. 

Lawyers who work libel and slander cases often have a hard burden of proof to overcome. They need to prove that the words were written or spoken, that those words caused damages, and how bad those damages were, and then put a tangible dollar amount on the damages that were incurred. 

What is Libel?

Libel is a form of written defamation. Libelous statements are false and damaging statements that are written in newspapers, online articles, printed books, and even social media posts. Most people don’t realize that they can be held accountable for libel if they make false statements on their social media channels. 

These statements can often cause long-term damage because once they are written, they can’t be undone. This means that because of the potential for major damage, victims of libel don’t always need to prove any actual monetary harm to pursue legal recourse. 

What is Slander?

Slander, in contrast to libel, involves the spoken dissemination of false and harmful statements about an individual or entity. These statements can be made in any context, such as conversations, social media videos, in-person speeches, and even live broadcasts. It could be harder to prove a slander case unless the remarks were caught on video with the full context. Slander’s temporary nature presents a distinct challenge in proving the extent of harm caused. 

Can Someone be Charged With Both Libel and Slander at the Same Time?

In some legal cases, both libel and slander could be involved. This would be if, for example, a social media influencer made a video about something that included slander, and then their comments were then put in a book or on their blog. This instance would mean that the influence could face charges for both slander and libel. However, legal proceedings would need to address each form of defamation separately and prove the damages for each of them. 

Conclusion

Libel and slander can get communicators in a lot of trouble if they aren’t careful. Any potentially damaging commentary should be vetted for factual accuracy prior to writing or saying something. It’s important to understand the legal troubles you could have if you don’t understand the difference.