What's the Difference Between Slander, Libel and Defamation?

If you've ever watched the evening news or glanced at a front-page newspaper headline, you may have heard the term "defamation of character." You may have also heard terms like “libel” and “slander” thrown around in the same context.

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In most cases, defamation is a civil offense, not a criminal one, but it's important to understand what it is and why it's such a big deal.

What Is Defamation?

Defamation of character, often referred to as defamation, is any statement that injures someone's reputation. To win a defamation case, a plaintiff (the person filing the lawsuit) must prove the following:

1. The defendant made a false statement and claimed that it was factual. For example, if Debbie claims that Joe stole her diamond necklace when she knows he did no such thing, she's made a false statement of fact.
2. The defendant shared that statement with at least one other person, either orally or in writing.
3. The defendant was negligent or acted with "actual malice." Actual malice is a legal term that means the person being accused of defamation had a reckless disregard for the truth or knew that the statement was false when they made it.
4. The plaintiff suffered harm to their reputation due to the dissemination of the false statement.

What Is Libel?

Libel is a specific type of defamation. To qualify as libel, a defamatory statement must be expressed in a physical form. In many cases, libelous statements appear in books, newspapers and other written materials. Libel may also take the form of a picture or an effigy — a sculpture or other physical representation of a person.

When Johnny Depp sued Amber Heard in 2019, he did so because of an op-ed she wrote for The Washington Post. In this op-ed, Heard insinuated that Depp had physically abused her during their marriage. In June 2022, a jury decided that Heard's statements were false, had been made with actual malice and had damaged Depp's reputation. This is an example of libel, as the false statements appeared in a newspaper.

What Is Slander?

Slander is also a type of defamation. When comparing libel and slander, the major difference between the two is that slander is spoken instead of expressed in a physical form. For example, a manager who knowingly makes false statements about an employee may be committing slander. These false statements can cause significant harm to an employee.

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False Statements Vs. True Statements in Defamation Cases

A negative statement isn't defamatory as long as it's true. For example, there's nothing wrong with a manager giving a bad reference if the employee embezzled company funds or didn't perform their assigned job duties. As long as the manager doesn't make any false statements, it's not slander or libel.

Defamation and the First Amendment

The First Amendment of the U.S. Constitution gives American citizens the right to free speech. As a result, some people believe that they can say anything they want without repercussions. This couldn't be further from the truth. The right to free speech isn't absolute, which means the government can limit your First Amendment rights in certain circumstances.

Defamation is one of the major exceptions — along with obscenity, threats of violence and incitement of violence. Therefore, you can sue for damages if someone disseminates false information about you and damages your reputation.

The rules are a bit different for celebrities and other public figures. In 1960, L.B. Sullivan sued The New York Times for running a full-page advertisement that heavily criticized the Montgomery, Alabama, police department. Some of the statements were false, so Sullivan argued that the newspaper had damaged his reputation. The lower court agreed with him, but The New York Times eventually appealed to the U.S. Supreme Court.

In March 1964, the Supreme Court ruled in favor of the newspaper. The unanimous decision stated that a public official must prove that any false statements against them were made with actual malice. Even though The New York Times published false statements, it didn't do so with reckless disregard for the truth, making the advertisement a form of protected speech.

Famous Defamation Cases

Depp v. Heard isn't the only well-known defamation case involving a celebrity. In 2006, Kate Hudson sued the UK version of the National Enquirer for publishing an article that insinuated she had an eating disorder. The publication ran a heavily edited photo that made Hudson appear to be dangerously thin, accompanied by this headline: “Goldie Tells Kate: Eat Something! And She Listens! Star confronts daughter after photographs show her painfully thin.”

More recently, Cardi B won $1.25 million after suing a celebrity blogger who made several false statements about the singer. For example, the blogger claimed that Cardi B used cocaine, which turned out to be untrue. The jury found the blogger liable for intentional infliction of emotional distress, invasion of privacy and defamation.