Differences between Libel and Slander
Libel vs. Slander[edit]
Libel and slander are two forms of defamation, which involves a false statement presented as fact that harms an individual's character or reputation.[1] The primary difference between libel and slander lies in the medium used to convey the defamatory statement.[2][1]
Libel refers to a defamatory statement made in a written or other permanent form.[3][4] This includes statements published in newspapers, magazines, books, and online content such as social media posts or articles.[5] Slander, conversely, is a defamatory statement that is spoken.[3][2]
Historically, the distinction between the two was more significant in legal proceedings.[3] Libel was often considered more harmful due to the lasting nature of the written word.[5] With the rise of the internet and broadcast media, the lines have blurred, as a spoken statement on television or a podcast can have a wide and lasting reach.[5] Consequently, some legal systems now treat both forms of defamation similarly.[3]
To establish a claim of either libel or slander, a plaintiff typically must demonstrate that a false statement was communicated to a third party, that the statement was about the plaintiff, and that it resulted in damage to their reputation. For public figures, there is an additional burden of proving that the statement was made with "actual malice," meaning the defendant knew it was false or acted with reckless disregard for the truth.
Comparison Table[edit]
| Category | Libel | Slander |
|---|---|---|
| Medium | Written, printed, or broadcast in a fixed form.[5][3] | Spoken words.[3][2] |
| Form | Permanent or tangible form.[5] | Transitory, spoken form.[2] |
| Examples | Newspaper articles, social media posts, television broadcasts.[5] | A verbal statement, a speech, a live, unscripted radio comment. |
| Permanence | Considered more lasting due to its fixed nature.[5] | Generally considered less permanent.[2] |
| Burden of Proof | Harm is sometimes presumed in certain categories of statements ("libel per se").[5] | Often requires the plaintiff to prove specific financial or reputational harm, unless it falls into a "slander per se" category.[5] |
| Dissemination | Can be widely and repeatedly distributed.[5] | Typically has a more limited initial audience. |
See Also[edit]
- Defamation
- Freedom of speech
References[edit]
- ↑ 1.0 1.1 "britannica.com". Retrieved November 30, 2025.
- ↑ 2.0 2.1 2.2 2.3 2.4 "investopedia.com". Retrieved November 30, 2025.
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 "thebusinesslitigators.com". Retrieved November 30, 2025.
- ↑ "paullinlaw.com". Retrieved November 30, 2025.
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 "nolo.com". Retrieved November 30, 2025.
