What Is Libel?
Let me explain libel directly to you: it's when someone publishes a statement about another person—either in writing or through broadcast on radio, TV, or the internet—that's false and could damage that person's reputation or ability to make a living. This counts as a civil wrong, or tort, and it can lead to a lawsuit.
You'll often hear libel compared to slander, which is basically the same thing but involves spoken words that aren't published or broadcast.
Key Takeaways
- Libel is a type of defamation covering published or broadcast defamatory statements.
- It's a tort under common law, meaning the defamed person can sue for damages.
- Pure opinions, true statements, and some criticism of public figures might be protected from libel claims.
- Slander is similar but deals with defamatory speech that's not written or broadcast.
Understanding Libel
I'm telling you straight: libel is the published or broadcast form of defamation. Defamation happens when words damage someone's reputation or hurt their earning potential. If you commit libel, you could face civil penalties, and historically, even criminal ones.
In the U.S., libel used to be seen as unprotected speech, not shielded by the First Amendment, alongside things like obscenity and fighting words. But that shifted in the 20th century as courts started prioritizing free speech over protecting those hurt by potentially defamatory words.
The statement in question has to be either an opinion or proven true. Opinions are personal beliefs that can't be proven true or false, which is usually a solid defense. But don't think slapping 'I think' in front of something protects you automatically.
For instance, if you write and publish 'I think Sam murdered their spouse,' you're still at risk for libel, even framed as a belief, because it implies you have facts backing it up.
Proving Libel
To prove libel, the person targeted doesn't always have to show they were actually harmed by the statement.
Certain statements are damaging on their own, like accusing someone of a crime, saying they have a contagious disease, claiming sexual misconduct, or alleging unprofessional business behavior—no need to prove harm.
Public figures have a tougher time suing for libel than private individuals, mainly because of a Supreme Court ruling that requires them to show 'actual malice'—meaning the statement was made knowing it was false or with reckless disregard for the truth.
Minor factual errors, like getting someone's age, height, or weight wrong, don't count as libel.
Finally, truth is a full defense against defamation claims. Depending on where you are, the statement might be presumed false, and the defendant has to prove it's substantially true, or the plaintiff has to show it's false. Either way, if it's true, you're protected.
Fast Fact
Here's a quick note: Two current Supreme Court Justices, Thomas and Gorsuch, have suggested reconsidering the Sullivan decision. That 1960s case involved ads in The New York Times supporting Martin Luther King, Jr., with minor inaccuracies. The Court ruled it wasn't libel, requiring proof of knowledge or reckless disregard for falsehoods. Experts say this strengthened press freedom and aided the civil rights movement.
Differences Between Libel and Slander
The main difference is that slander is spoken defamation, while libel is written or broadcast. Interestingly, online content was first seen as libel, but English courts now view it more like speech than print.
Legally, defamatory comments aren't actionable unless published, and for the internet, 'published' means just one person has to read it.
So, if you trash someone's reputation on a personal blog and even just a friend, colleague, or family member sees it, you could be sued for libel.
Personal blogs don't get much traffic compared to big sites like BBC News, so they might slide under the radar—not just because fewer people see them, but because the target might not want to draw more attention by suing.
Why Is Broadcast Speech Libel If It Is Not Written?
Even though broadcast like TV or radio is spoken, not written, the law treats it as libel because it reaches large audiences and has a lasting impact, similar to written words—it's not as fleeting as casual speech.
Can You Be Guilty of Libel If You Leave Disparaging or Negative Comments Online?
Yes, if you post a defamatory or damaging statement online, like in a blog or on social media, it could be libel, and you might face prosecution. It's not common yet, but there's growing worry about negative online reviews counting as libel.
Can Opinions Be Libel?
No, statements of opinion, like starting with 'I think that...,' are protected speech and can't be prosecuted as libel, unlike statements of fact.
The Bottom Line
Libel is about publishing false statements that damage reputations, unlike slander which is spoken. You can avoid liability in libel cases by proving the statements are true or protected opinions. Public figures need to show actual malice to win, which is a higher bar.
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