Net Slander - Defamation - What to Do?

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What is ‘defamation’?

Defamation, sometimes called "defamation of character", is spoken or written words that falsely and negatively reflect on a living person's reputation.

If a person or the news media says or writes something about you that is understood to lower your reputation, or that keeps people from associating with you, defamation has occurred. Slander and libel are two forms of defamation.

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What is ‘slander’?

Slander is a spoken defamation.

What is ‘libel’?

Libel is a written defamation. Generally, radio and television broadcasts that are defamatory are considered to be libel, rather than slander.

Can I sue someone who says or writes something defamatory about me?

In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to publication of the material, you will not have a case. However, you may bring an defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.

What about insults and epithets? Are they defamatory?

Generally, no. Usually they are seen as outbursts of emotion, with no real substance, except to show intense dislike.

Don't I have a right to express my opinion?

Yes, so long as your statement of opinion is just an opinion, not containing specific facts that can be proved untrue.

Are there defenses to defamation?

Establishing the truth is the single most effective defense that can be offered. If the remark is truthful and it "hurts", is embarrassing, or subjects you to ridicule, there is little you can do. Unfortunately, unless the remark is false, you have no recourse.

What are the defenses to a libel claim?

There are three main defenses to a libel claim (other than asserting that it never happened or that you were never involved):

The first is claiming, and proving, that the statement was privileged (and thus not public). Only certain professions (doctors, lawyers, psychologists), or individuals (chiefly your spouse) can maintain that privilege; and if any non-privileged third party was part of the communication, the privilege is broken. (Employees of a professional are only partially covered, to the extent that you needed to use them to contact the professional. Don't expect to tell your deepest, darkest secret to your attorney's secretary, and maintain that privilege.)

The second defense is claiming, and proving, that the statement is true, for "truth is an absolute defense".

The third defense is claiming, and proving, that the statement was an opinion, not an assertion of a fact. Since this last defense is only as good as the weakest or worst, but still reasonable, misinterpretation, it's not one you really want to rely on. There's a world of difference between saying "I think he's a crook," and "he's a crook". Especially if a third party might inadvertently leave out the first two words when passing your message on.

What damages are available for slander or libel?

If you have been defamed you may seek both actual damages, to recover the harm that you have suffered, and punitive damages to punish the person who made the remark (and serve as an example to deter others). 

If the defamation improperly accused you of a crime or reflected on your profession, the Court or jury can assess the damages. For other types of defamation you must prove some actual damage to be able to recover.

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I'm writing a book about the very small town I grew up in and changing the names of the people involved. Can I be sued for slander?

If it's the truth, no. Also, if you place a "disclaimer" at the beginning that the people and events have been changed to protect the innocent, and that any similarities to actual persons, either living or dead, are merely coincidental, then no. Remember, you have the First Amendment, which gives you freedom of speech.