Definition
Slander: A false spoken statement made about a person, damaging their reputation and exposing them to public hatred, contempt, or ridicule.
Meaning and Background
The term “slander” originates from the Old French word esclandre and Medieval Latin scandalum, meaning a cause of public outrage or scandal. Slander is a type of defamation that covers spoken statements, whereas its counterpart, libel, involves written or otherwise published defamatory content.
Defamation is broadly divided into two categories:
- Slander (spoken)
- Libel (written or otherwise published)
Both seek to protect individuals’ reputation, but the medium through which the defamatory content is delivered distinguishes the two.
Key Takeaways
- Nature: Slander encompasses any spoken statement that defames someone’s character or reputation.
- Proving Harm: The plaintiff must prove that the statement caused harm or injury.
- Perishability: Because slander is audio-based, it generally lacks the permanence of libel.
- Legal Consequences: Slander can lead to civil lawsuits where the plaintiff may seek financial damages.
Differences and Similarities
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Medium:
- Slander: Spoken words, gestures, or other transient forms.
- Libel: Written, printed, or otherwise publicly disseminated statements.
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Permanence:
- Slander: Generally less permanent; not fixed in a tangible form.
- Libel: Recorded permanently in some medium that can be referenced.
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Defenses:
- Both: Truth, consent, and privilege can serve as defenses.
Synonyms and Antonyms
- Synonyms: Defamation, calumny, disparagement, traducement
- Antonyms: Praise, commendation, eulogy, approval
Related Terms with Definitions
- Libel: A defamatory statement made in a fixed medium, such as writing or online publications.
- Defamation: The broader category that includes both slander and libel.
- Injunction: A court order compelling a defendant to stop a particular action, which can include making defamatory statements.
- Malice: The intent to harm someone through false statements, an essential element in proving defamation cases.
Frequently Asked Questions
What is the difference between slander and libel?
Slander involves spoken defamatory statements, while libel refers to written or published defamatory statements. Both cause harm to a person’s reputation but differ in their medium.
Can a true statement be slanderous?
No. Truth is an absolute defense against any charge of defamation, including slander. A statement must be false to be considered defamatory.
What are the elements required to prove slander?
To prove slander, one must typically show that the false statement was made orally, caused harm, and was not protected by privilege or a similar defense.
How serious are slander lawsuits?
Slander lawsuits can be quite serious and result in significant financial damages, particularly if the statements caused substantial harm to the individual’s reputation or career.
Exciting Facts
- Slander of Title: A specific type of slander involving false statements about the ownership or conveyance of property.
- Shakespeare frequently included themes of defamation and reputation in his works, illustrating the timeless nature of slander.
Quotations
“Slander is the revenge of a coward, and dissimulation his defense.” — Samuel Johnson
Proverbs
“The tongue has no bones but is strong enough to break a heart.”
Government Regulations
In the United States, slander falls under state jurisdiction, and the specifics can vary. For example:
- California Civil Code Section 46 provides insight into various statements considered slanderous.
- New York Civil Rights Law addresses slander and libel under its broader defamation statutes.
Suggested Literature and Sources for Further Study
- “The Law of Defamation” by David Price, Korieh Duodu, and Nicola Cain
- “Understanding Defamation Law in the Digital Age” by Ralph D. Clifford
Quizzes
Thank you for delving into the intricate world of slander. May your future conversations be honest, your reputation untarnished, and may your tongue always wield integrity rather than injury!
Best regards,
Janet Lawson
2023-10-03
