20+ Differences Between Libel And Slander (Explained)

The offenses of libel and slander quantify the meaning of defamation, i.e., communicating false statements about certain entities that subsequently cause damage to their reputation that may be reverted if compensated in monetary terms.

However, both terms, although often used synonymously, differ greatly when discussing the meaning of such acts in the field of law. The difference is often even confused between legal scholars, who have learned to interpret the offenses in two completely different legal languages.

Comparison Between Libel And Slander

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Type of Offense

In the United States of America, libel is regarded as both a criminal violation and a civil wrong. Seditious libel contains a criminal element and is another subset of the libel violation.

In most states in the United States, the crime of slander is solely regarded as a civil wrong. In contrast, defamation is now considered a crime in around twenty-three states and two union territories.

Technique

Libel is defined as making an untrue remark that can potentially damage a person or organization’s reputation in print media.

Slander is a crime that is committed when someone uses spoken words or gestures to spread a false statement that might damage their target’s reputation.

Form

When such a remark is broadcast in concrete ways, including in print media or through the use of images, it constitutes libel.

It is considered slander when such a message is publicized in intangible ways, including through spoken words or gestures.

Punishment

A person being prosecuted for the crime of libel will probably face civil charges and be required to pay the harmed party compensation. In addition, someone found guilty of seditious libel must compensate the victim they injured with $10,000 and serve a twenty-year sentence.

A person being prosecuted for the crime of slander will probably be charged in a civil proceeding and will need to pay the victim’s compensation. i.e., the plaintiff, which the honorable court of law will determine on a case-by-case basis.

Limitation Period

The statute of limitations for bringing a libel claim against the offender is six years. Affected parties are ineligible to request a remedy in court if they do not take action before the specified deadline.

The statute of limitations for bringing a defamation claim against the offender is two years. Affected parties are ineligible to request a remedy in court if they do not take action before the specified deadline.

Proof of Damage

Libel is regarded as an “actionable per se” violation. This implies that the plaintiff may bring a legal claim against the defendant even without evidence of the harm such a false publication has caused.

Slander may only be prosecuted in court by the party who has been the target of the false statement if they can demonstrate in court that the person’s reputation has been harmed.

Intention

Legal academics have viewed libel in such a way that publishing such false information is seen as intentional because the statement was made in writing and could have been amended or softened.

Legal academics have defined the crime of slander in a way that makes it impossible for false comments to be communicated to do so, as anybody can say hurtful things when angry or provoked.

The Distinctive Characteristics Of Libel And Slander

What exactly is libel?

The offense of libel refers to the act of communicating a statement that is false and possibly causes harm to the reputation of an entity in print media, i.e., in a tangible form, which would accordingly affect the factors mentioned above in a heated fashion, causing distress and damage to the affected party.

When such statements are tangible, it essentially means that such information can be seen and touched with our sensory features. Some examples of these statements may be in newspapers, blogs, articles, caricatures, comics, etc.

Libel:

  • Libel is considered to be both a civil wrong as well as a criminal offense.
  • Libel refers to the idea of publishing false statements in tangible forms.
  • Libel is also sub-classified as seditious libel.

What exactly is slander?

The offense of slander refers to the act of communicating a statement that is false and possibly causes harm to an entity’s reputation through spoken words or gestures that may affect the factors mentioned above in a heated fashion, causing distress and damage to the affected party.

The offense of slander is said to have been committed in intangible forms. Such statements cannot be revisited unless recorded and put up in media, in which case, they would amount to libel.

Slander:

  • Slander is considered only a civil wrong unless otherwise specified by certain states in the United States of America.
  • Slander refers to the idea of communicating false statements in intangible forms, i.e., by way of words and gestures.
  • Slander does not have any further subdivisions to it as an offense.

The Major Differences Between Libel And Slander

Technique:

  • Libel: The offense of libel refers to the act of communicating a statement that is false and defamatory and has the possibility of causing harm to the reputation of an entity in print media, i.e., in a tangible form, which would accordingly affect the factors mentioned above in a heated fashion, causing distress and damage to the affected party.
  • Slander: The offense of slander refers to the act of communicating a statement that is false and defamatory in nature and has the possibility of causing harm to an entity’s image and reputation by way of spoken words or gestures that may affect the factors mentioned above in a heated fashion, causing distress and damage to the affected party.

Form:

  • Libel: An individual is said to have committed the offense of libel when such a statement is published in a tangible form, such as through print media or pictures, i.e., comics, caricatures, etc.

    When such statements are tangible, it means they can be seen and touched with our sensory features.
  • Slander: An individual is said to have committed the offense of slander when such a statement is published in an intangible form, such as by way of spoken words or gestures.

    When such statements are intangible, it essentially means that they cannot be revisited unless recorded and put up in media, in which case, it would amount to libel.

Type of Offense:

  • Libel: The offense of libel is considered to be both a civil wrong and a criminal offense in the context of American Law.

    It is also imperative to note that the offense of libel has also been subdivided into ‘seditious libel,’ which holds the element of a criminal offense. Individuals are guilty of seditious libel when they publish false statements about public officials.
  • Slander: The offense of slander is only considered a civil wrong in most American states, rather than the offense of libel, which is both a civil and a criminal offense.

    However, about twenty-three states and two union territories have also classified slander as a criminal offense that is looked down upon in certain states of the United States of America.

Punishment:

  • Libel: An individual tried for libel will likely be charged in a civil case and must provide monetary compensation to the affected party.

    Additionally, on account of seditious libel, an individual is to pay compensation of $10,000 aside from serving twenty years in prison if proven guilty.
  • Slander: An individual who is tried for the offense of slander in a court of law is likely to be charged in a civil case and will be compelled by the law to provide monetary compensation, which is specified on a case-to-case basis by the court of law by the amount of damage faced by the affected party. i.e., the plaintiff.

Limitation Period:

  • Libel: The limitation period for filing a libel case against the offender is six years. Affected parties who fail to take action before the given term are not eligible to seek a remedy from a court of law.
  • Slander: The limitation period for filing a case of slander against the offender is two years. Affected parties who fail to take action before the given term are not eligible to seek a remedy from a court of law.

Proof of Damage:

  • Libel: The offense of libel is considered to be ‘actionable per se.’ This means that the plaintiff can sue the offender in a court of law even without showing actual proof of damage caused by such a false publication.
  • Slander: The offense of slander can only be brought before the court by the affected party when they can prove that such a false statement has caused damage to the reputation of the individual.

Intention:

  • Libel: The offense of libel has been interpreted by legal scholars fluent in the language of the law to mean that the publication of a libelous statement can only be interpreted to hold the offender having the intention of performing the act of publishing such false statements in print media. This is because if the statement had been written, it could have been edited or softened in its tone.
  • Slander: The offense of slander has been interpreted by legal scholars in such a manner that the communication of false statements could not have been done with deliberate intention since statements that are of a foul nature can be made by any prudent human being in the heat of the moment or when under the effect of provocation.

Frequently Asked Questions (FAQs)

Q1. What is the key difference between the offenses of libel and slander?

The key difference between libel and slander offenses is their technique and form.

While the offense of libel refers to the publication of false statements in a tangible form, such as in print media or pictures, the offense of slander, on the other hand, refers to the communication of false statements in an intangible form, i.e., by way of spoken words and gestures.

Q2. Why is slander said to be unintentional in nature?

The offense of slander has been interpreted by legal scholars in such a manner that the communication of false statements could not have been done with deliberate intention since statements that are of a foul nature can be made by any prudent human being in the heat of the moment or when under the effect of provocation.

Q3. When is a plaintiff not required to prove the damage caused to them by publishing a false statement?

On account of the offense of libel, the affected party, i.e., the plaintiff, is not required to provide proof of damage by publishing such a statement in front of a court of law.

This is because the offense of libel is actionable per se. However, if proof of damage caused would strengthen the party’s case, they have the power to do so.

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