This one reminds me of that line—the one that goes, “If you haven’t got anything nice to say about anybody, come sit next to me”. It’s usually attributed to Alice Roosevelt Longworth, though most folks probably think it’s from a Maxine greeting card. Regardless, talking trash about someone—whether it’s idle gossip or careless whispers (insert a nod to George Michael here)—can get you in serious trouble. Read on…
Slander and libel are two often-misunderstood (and misused) legal terms, but they could actually affect you at some point in your life, especially if you do a lot of writing online. Slander and libel are basically two sides of the same coin—they involve different forms of the same legal concept. So let’s back it up a bit and first, let’s look at defamation of character.
What is Defamation of Character?
Both slander and libel refer to defamation of character. Defamation of character is the passing along of false information that is stated as fact. To be considered defamation, the information must also do two things:
1. It has to bring harm to either a person or an organization (including a business), and
2. It has to be told (in writing or verbally) to at least one other person than the victim.
So, telling Sandra (not her real name!) that she is “a no good lying rotten thief” is not defamation of character. Telling other people that Sandra is a no good lying rotten thief could be defamation if that information harms Sandra.
Now, for the information to really be defamation of character, it must be untrue. So, if you publicly call Sandra a thief and you have evidence to back it up—for example, she’s already been found guilty in court of theft—you’re probably safe. But, if you publicly call her a thief based only on your hunch about her—with no evidence—prepare for a lawsuit.
So What are Slander and Libel?
Slander and libel are both forms of defamation of character. Slander is when Read the rest of this entry »