When speaking on behalf of defamation, there are two main types that are predominantly discussed. Libel and Slander both have similarities, however it is critical to understand the difference between the two when it comes to potential legal situations. Here are some things you should know.
Libel is Written
If you have been victim of defamation without personally hearing it, Libel may be the correct term to go by. Someone who is making libelous statements can perform these actions on a number of particular outlets. This includes comments via newspaper or magazine publications, blog posts, social media outlets, and so on. It’s important to note that these are all considered ‘print’ articles that can be documented.
Slander Is Spoken
Slander on the other hand, is spoken word. Contrary to belief, slander is acceptable when it is referenced and acknowledged by a third party– meaning someone cannot talk down to only you for it to be slanderous; It would have to involve someone else in order for you to prove that the statements made about you caused some sort of damage. However, an opinion cannot be labeled as slander. If someone says to another person that they “think you’re a bad person”, it is more so an expression of opinion rather than a statement of fact.
What Can Be Done
If you believe you have fallen victim to defamatory statements, it’s likely you’ve thought about taking action. There are a few things you must prove to first establish defamation.
- The publication of defamation to someone other than the person who is being defamed.
- The proof that the statement was in fact false.
- The statement was made with the assumption of fact rather than opinion-based.
- It injures the reputation of the person who is being defamed.
If the statement that was made about you is true, it does not qualify as defamatory. This will be looked at during a court proceeding. If the accused has decided to retract his/her statement, they may receive some sort of protection. At this point, the accuser may be denied or limited to a smaller amount of damages won for the statement.
Founded in 2000, Gaines, Novick, Ponzini, Cossu & Venditti, LLP brings together a group of highly qualified attorneys focused on serving the legal needs of individuals, businesses and municipalities throughout New York, Connecticut and the surrounding areas. To learn more about our firm, please click here to see a summary of our practice areas, or contact us at 914-288-9595 or by filling out this online form today.