Understanding Slander and Libel: What They Mean and What You Must Prove Before Suing

Slander and libel are the two forms of defamation, a legal claim that arises when someone makes a false statement that harms another person’s reputation. While the harm is similar, the law distinguishes them based on how the statement is communicated.

- Slander = spoken defamation

- Libel = written or published defamation

Both can be grounds for a civil lawsuit, but only if specific legal elements are met. Courts balance the protection of reputation with the First Amendment, so not every hurtful or untrue statement qualifies.

What Is Slander?

Slander involves spoken false statements that damage someone’s reputation. Because spoken words are fleeting and harder to prove, plaintiffs typically must show actual harm, unless the statement falls into a special category known as slander per se.

To sue for slander, a plaintiff must prove:

- A false statement of fact

- The statement was spoken to a third party

- The speaker acted with fault (negligence or actual malice)

- The statement caused actual harm (unless it is slander per se)

What Is Libel?

Libel involves written, printed, or otherwise published false statements that harm a person’s reputation. This includes:

- Articles

- Social media posts

- Emails

- Websites

- Images or signs that convey defamatory meaning

Because libel is recorded and more permanent, harm is often presumed, though modern First Amendment rulings limit when presumed damages are allowed.

To sue for libel, a plaintiff must prove:

- Publication — the statement was shared with at least one person other than the plaintiff

- Identification — a reasonable person can tell the statement refers to the plaintiff

- Falsity — the statement is provably false

- Harm — reputational or economic damage (unless libel per se applies)

- Fault — negligence for private individuals; actual malice for public figures

The Fault Requirement: Public vs. Private Figures

The U.S. Supreme Court has set different standards depending on who is being defamed:

Public figures or public officials

Must prove actual malice:

- The defendant knew the statement was false, or

- Acted with reckless disregard for the truth

This standard comes from New York Times Co. v. Sullivan and applies to both libel and slander.

Private individuals

Usually must prove negligence — that the speaker failed to act with reasonable care in checking the truth of the statement.

Defamation Per Se

In both slander and libel, some statements are so inherently damaging that harm is presumed. These include false statements accusing someone of:

- A serious crime

- Having a contagious or “loathsome” disease

- Professional incompetence

- Sexual misconduct

What Is Not Defamation?

A lawsuit cannot succeed if the statement is:

- True (truth is an absolute defense)

- Opinion, not presented as fact

- Hyperbole or obvious exaggeration

- Shared only with the plaintiff (no third-party publication)

What You Must Have Before Filing a Lawsuit

Before suing for slander or libel, you must be able to show:

✔ Evidence of the statement

- Recordings

- Screenshots

- Witness testimony

- Written posts or messages

✔ Proof the statement is false

You must be able to demonstrate falsity.

✔ Proof it was communicated to someone else

Private insults do not qualify.

✔ Proof of harm (unless per se)

This may include:

- Lost income

- Lost clients

- Damage to reputation

- Emotional or social harm

- Being shunned or avoided

✔ Proof of fault

- Negligence for private individuals

- Actual malice for public figures

If any of these elements is missing, the lawsuit will fail.