It is important to understand the slander meaning, because it establishes the bounds of acceptable speech and emphasizes the legal ramifications of verbally spreading rumors or making false claims. Although the term “slander” is typically associated with spoken defamatory action, it really refers to a wider range of defamatory activities that are not contained in a fixed media, such as text, film, or sound recording.
Slanderous remarks are fleeting rather than persistent, and they can be expressed verbally or nonverbally. For something to be considered slander, it must be untrue and communicated to others as fact. To express opinions or thoughts honestly is not the same as slander.
Slander Is a Spoken Form of Defamation
Defamation is the term for false statements made, either in writing or vocally, that do injury to someone’s reputation. Having communication with a third party is essential. It is not deemed defamatory to tell someone something you are lying to them if no one else hears or reads it. Defamation expressed in writing is referred to as libel. When it is said aloud, the term used is slander.
What Are Some Examples of Slander?
A defamatory comment needs to be false and have a plausible chance of harming the reputation of another individual. Examples include:
· Untrue statements that a person was convicted of a crime or that they committed or attempted to commit a crime
· Untrue statements alleging that a person committed perjury or otherwise lied under oath
· Untrue statements that a person is having an affair
· Untrue statements that a person has a sexually transmitted disease
· Untrue statements that a person had sought treatment for substance abuse
· Untrue statements that a person had engaged in domestic violence
What Are My Legal Rights If I’m a Victim of Slander? | What Are Defenses to a Slander Claim?
The idea that the First Amendment of the US Constitution protects all expression is a common one. The constitutional promise of free speech is actually subject to a number of limits, such as those pertaining to communication deemed defamatory, speech that violates copyright or trademark protections, speech deemed obscene or pornographic, and speech that promotes illegal behavior.
Can I Sue Someone Who Slanders Me?
In every country, slander is considered a tort, or civil wrong. As a result, the victim of slander has the right to sue the person who made the false allegation for damages. In order to establish defamation, the aggrieved person must demonstrate:
· The defendant made a communication to a third party;
· The communication alleged an untrue and unprivileged statement of fact;
· The statement could reasonably be construed to apply to the plaintiff; and
· The communication caused the plaintiff to suffer injury or loss.
But it’s crucial to realize that, depending on whether the accuser is a private citizen or a public figure, various rules may apply.
Statements Regarding Private Persons: If the slanderous speech was directed at a private person, the defendant can be held accountable:
· Intentional — The defendant knew the statement was untrue;
· Reckless — The defendant made the statement with a reckless disregard for whether or not it was true; or
· Negligent — The defendant failed to act reasonably to determine the truth or falsity of the statement.
Statements Concerning Public Figures: If the subject of the statement is regarded as a public figure, the defendant may only be held accountable if the remarks were made carelessly or willfully
Is Slander a Criminal Offense?
At the moment, only thirteen states — Idaho, Louisiana, Michigan, Minnesota, Montana, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Utah, Virginia, and Wisconsin — have laws that permit the prosecution of criminal defamation. However, as the bar of proof in a criminal prosecution is much higher, it is uncommon for a person to be found guilty in these jurisdictions and given a jail sentence.
What Types of Damages Are Available in Slander Claims?
A plaintiff with a defamation claim can typically seek the same kinds of damages as are available in other personal injury claims:
· Lost wages, income, or earnings
· Any unreimbursed medical expenses, including the costs of psychological or emotional counseling
· Damages for any pain and suffering — physical, psychological, or otherwise — as well as any loss of reputation or social standing as well as any humiliation, dishonor, or embarrassment brought on by the false statement
· Loss of consortium or companionship, including harm to a marriage or relationship or contact with relatives or friends who were duped into believing the falsehood
· Loss of enjoyment of life caused by anxiety or depression
What Defenses Are Available to Allegations of Slander?
The defenses available generally correspond to the elements that must be proved to show slander:
· The truth is an absolute defense — A slander claim will fail if the central factual assertion can be independently confirmed as true.
· Statements of opinion are not slander — Nonetheless, a jury may consider all the facts and determine that an ostensible statement of opinion was actually a covered-up declaration of fact.
· Statements made with the consent of the alleged victim are not slander.
· Statements that are not communicated to or heard by a third party will not be slander.
· Privileged communications are not slander — Communications may be exempt from qualified or absolute privilege. Statements made during legal procedures, by certain government officials, by legislators during a session, during political broadcasts or speeches, and between spouses are all covered by absolute privilege. Certain statements made by government officials or in reports, testimony given during legislative sessions, statements made in self-defense or in defense of others, and comments included in evaluations that are deemed to be fair criticism are all normally protected by qualified privilege.
