What Are Defamation, Libel and Slander?
Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper. Typically, the elements of a cause of action for defamation include: • A false and defamatory statement concerning another; • The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); • If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and • Damage to the plaintiff. In the context of defamation law, a statement is “published” when it is made to the third party. That term does not mean that the statement has to be in print. Damages are typically to the reputation of the plai
