A strong reputation reflects effective public relations, serving as a valuable asset for individuals and organizations alike.
However, what happens when that reputation suffers damage due to unfounded accusations or false statements? Libel and slander are two forms of defamation that represent types of speech that are not protected by the First Amendment and can lead to legal action.
Libel vs. slander
Libel and slander are both types of defamation, which involve making false statements that can harm a person’s reputation. The primary difference lies in their medium: libel is tangible and can be expressed in print, writing, or pictures, while slander is intangible and can be expressed in spoken words or gestures.
Laws governing defamatory statements have deep historical roots, dating back to before the American Revolution. While proving defamation in court can be challenging, the rise of the internet has made such claims more common. With just a click, defamatory statements can spread across the globe, drawing the attention of federal agencies and complicating the landscape of public discourse.
This underscores the importance of understanding the legal implications surrounding public relations. Online reputation management software allow you to monitor your online presence, respond to negative statements, and proactively protect your brand’s image.
When developing your PR campaign, being aware of the legal issues related to defamation is crucial for safeguarding your reputation. Let’s explore how libel and slander fit into our legal system so you can implement this knowledge into your public relations strategies.
Defamation of character: libel vs. slander
Defamation of character is a false statement, presented as a fact about a business, person, or organization, that causes significant injury or damage to a reputation. There are two types of defamation: libel and slander.
If you are confused about these two types of defamation, don’t worry, most people are. Filing a defamation lawsuit is difficult when you don’t know all of the legalese, and why should you? You’re no lawyer, but you are a rockstar public relations professional who is about to become well-versed in the details surrounding defamation.
Put simply, slander is spoken, and libel is written. However, there are many more details that go into these two terms that fall under the umbrella of defamation. Knowing the difference between libel and slander can help you save your reputation and know when it’s time to file a lawsuit.
Defamation per se
Some statements are so obviously harmful or grotesque in nature that they will always be considered defamatory. Meaning that you do not need proof when making a defamation claim if the statement is defamatory per se.
There is one factor that can override these categories, which is the truth. If the statement said is true, then it is not defamation per se.
Examples of defamation per se
In order to be considered defamation per se, the statement must fall into one of the four general categories:
- Accusing someone of a crime
- Alleging someone has a contagious or infectious disease
- Indicating someone has engaged in serious sexual misconduct
- Claiming someone lacks the ability to perform his or her profession
Now, these may seem pretty straightforward, but most claims are a little more grey than black and white. The defendant’s intent must also be considered.
Intent of defamation
There are two more elements that go into proving someone made a defamatory statement.
- Private individual: As a private citizen, you haven’t made yourself available to the public, and therefore, it is a violation of privacy when defamatory statements are made. It is easier to bring a claim to court when a defamatory statement is made about a private individual.
- Public figure: For example, politicians have made career choices that require a public-facing life. It is in these instances that it is the public’s right to stay informed, so when defamation lawsuits are filed by a public figure, they are required to prove that the defendant acted with reckless disregard and actual malice.
Four criteria to prove defamation
Defamation laws change from state to state, but in order for you to bring forth a successful defamatory claim, there are some criteria that must be met for you to win the case and receive a monetary settlement. Whether libel or slander, defamatory claims must align with the four elements below.
1. Objectively false
If the statement made is untrue, then you have the right to take legal action. But if the statement is simply mean and subjective, then it is not against the law.
For example, if a movie critic says that a film “lacked creativity and was a waste of talent,” the statement is subjective enough to avoid a lawsuit.
If you could sue people for saying disagreeable statements, our entire judicial system would be backed up. Although you’re allowed to say vague and subjective statements, it doesn’t mean that you should.
It’s always best practice to coach your clients on how to behave when interacting with others, especially high-profile clients who face constant criticism and backlash. Public relations is about maintaining a good reputation, and fighting defamation with defamation only causes harm to reputations.
2. Seen or heard by a third party
In order to prove defamation, the statement in question must be published. Meaning that someone must have seen it, heard it, read it, and thought differently because of the libelous or slanderous statements.
Libel is tangible and, therefore, long-lasting. Because of its everlasting impact, courts take libel more seriously than slander. Similarly, courts take slanderous claims on live broadcast television to a large audience seriously as well.
3. Cause financial injury
There must be quantifiable damages in order to move forward with a claim. This means that the statement has made you lose money, whether personal finances, business profits, or property damages, proving financial injury makes for a strong defamation case.
4. Unprivileged by law
The First Amendment protects certain types of speeches, making it impossible to press charges against them because doing so would violate freedom of speech.
The types of speeches that are privileged by law include:
- Absolute privilege: Even if made maliciously, it is protected. For example, statements made while testifying in court or in a session of the legislature.
- Qualified privilege: It cannot be made with malicious intent but only in circumstances when facts will better serve the public interest. For example, a journalist reporting on a fire department can make defamatory statements as long as they are for the greater good and objectively true, even if they cause financial injury or harm to a reputation.
Example of defamation: libel vs. slander
Explaining the details of the law sometimes helps to understand something when you put it into a familiar context.
The media constantly bombards us with celebrity gossip, and when that gossip is false and appears on the covers of magazines across the nation, the magazine can be sued for libel.
For instance, if a publication claims that a famous actor has committed a crime—let’s say, theft—without any factual basis, and this information damages the actor’s reputation, the actor could pursue a libel lawsuit against the magazine. In this scenario, the written statements are defamatory, as they are presented in a permanent form and have the potential to cause lasting harm to the individual’s reputation.
Conversely, slander pertains to spoken defamation. Imagine a situation where a public figure attends a charity event, and during a speech, someone falsely claims that this individual has cheated on their spouse. If this statement is made publicly and is untrue, it could damage the person’s reputation among their peers and in the community. The public figure may then have grounds to sue for slander, arguing that the false statement was spoken without any proof and it has led to reputational harm.
Prevention strategies for defamation
Understanding libel and slander is only the first step; implementing effective prevention strategies is crucial for safeguarding your reputation.
Here are some actionable steps you can take to minimize the risk of defamation:
Always fact check
Before making any public statements—whether in press releases, social media posts, or interviews—ensure that the information you are sharing is accurate and well-researched. Double-check facts, consult reliable sources, and be cautious about sharing unverified information. This diligence can help prevent inadvertent defamation.
Establish clear communication guidelines
Create a set of communication guidelines for employees and spokespeople. These guidelines should outline how to handle sensitive topics, the importance of accuracy, and the procedures for approving public statements. Training your team on these protocols will foster a culture of responsibility and reduce the chances of defamation.
Utilize legal counsel
Consult with legal professionals who specialize in media and defamation law. Having a lawyer review statements or campaigns before they go public can help identify potential pitfalls and ensure compliance with legal standards. They can also provide advice on how to navigate complex legal issues should they arise.
Monitor online presence
Tools like Google Alerts and social media listening platforms can help you track mentions of your brand or name, allowing you to respond promptly to any negative comments or misleading statements. Addressing issues early can prevent them from escalating.
Engage with your audience
Build strong relationships with your audience by actively engaging with them on social media and other platforms. Fostering an open line of communication can clarify misunderstandings before they turn into defamation. Regularly addressing concerns and feedback will also enhance your credibility and reputation.
Encourage transparency
Being transparent about your business practices and decisions can help build trust with your audience. When people feel informed and included, they are less likely to believe or spread false information. Transparency can also act as a shield against defamatory claims, demonstrating that your organization has nothing to hide.
Respond quickly and appropriately
If defamatory statements are made against you or your organization, respond swiftly. A well-thought-out PR crisis response can help mitigate damage and demonstrate that you take such claims seriously. Depending on the situation, this may involve issuing a public statement to clarify the facts or, if necessary, seeking legal recourse.
Foster a positive company culture
Cultivate a positive and ethical company culture that values integrity and accountability. When your organization is known for its high standards, it can help minimize the risk of internal or external defamation. Employees who take pride in their work are more likely to represent the organization positively.
Closing argument
Here’s the main point to take away from this article: Defamation is an overarching category in law that includes libel (written) and slander (spoken).
And because building and maintaining reputations is the job of public relations professionals, it’s crucial that you know these laws so that you can fight any false statement that makes a negative impact on your client.
Add the best media monitoring tools to your tech stack and manage your brand mentions and coverage with ease.
This article was originally published in 2019. It has been updated with new information.
