Libel

Libel is the act of publishing a false statement either online or in physical print. The statement in question could be in the form of printed publication, online content, radio broadcast, or TV broadcast. A statement is considered libel if it threatens an individual, harms their reputation, or tarnishes their goodwill in society.

It is often confused with slander. Slander refers to defaming onslaughts in the verbal form. Libel comprises attacks that are in the textual form. In the US, libel is considered a civil suit, not a criminal offense. US citizens are protected by the first amendment laws ensuring free speech.

• Libel refers to printed or published false statements. The plaintiff must prove that the statement in question caused harm to an individual's reputation or subsistence.
• Defamation suits comprise four main elements—publication, identification, harm, and fault.
• Defamation laws do not cover attacks that are disguised. The text in question should be addressed to an individual or entity. The plaintiff must prove that the statement is altered, tricked, or incorrect.
• In defamation suits, the plaintiff must establish the extent of the damage. Quantifying damages is always tricky.

Libel is the act of publishing a false statement either online or in physical print. An infringement is considered libel if it threatens an individual or damages an entity's reputation, character, or livelihood. To seek remedy, the plaintiff files a defamation suit. Defamation lawsuits are covered by the defamation act and are categorized under tort laws.

Tort law is a redressal mechanism for civil suits filed against interpersonal wrongdoings that result in personal injury. It is a branch of private law. However, it excludes contractual disputes, which are addressed by contract laws.

The ‘injury’ here refers to any breach of law or a person’s legal right. In tort law, ‘harm’ refers to any loss or damage suffered by the aggrieved party. The court remedies the victim by facilitating monetary compensation. The person causing the misconduct pays for damage, pain or suffering, loss of income, and the victim’s expenses (medical).

Thus, a defamation suit is a safeguard against false news, rumors, and inappropriate comments that have the potential to sabotage an individual’s reputation, character, or livelihood.

In the US, most states do not have particular defamation laws. Judges consider the particular allegation in the context of the first amendment act. The First Amendment promotes freedom of speech, especially empowering the press. Thus, the first amendment and defamation are seen as opposing forces.

Defamation laws restrict freedom of speech. At the opposite end of the spectrum, some countries strongly promote freedom of speech; in those countries seeking remedy for defamation is tedious.

Although defamation regularly causes damage, seeking a remedy for it isn't easy. The plaintiff must prove the defamation and the direct extent of the damage. Quantifying damages is, again, tricky. In the absence of evidence, the victim does not receive any compensation.

The elements of libel are as follows.

#1 - Publication

Here, a publication or a part of published text defames an entity. The statement need not be a part of a physical document. The publication could be a blog, radio broadcast, or social media post.

#2 - Identification

The symbolic implication of a statement is extensive and subjective. Therefore, plaintiffs must note that defamation laws do not cover disguised attacks. The text in question should be addressed to an individual or entity.

The plaintiff must establish the exact facts that have been altered or tricked. In addition to individuals, defamation laws protect corporations, private schools, and religious communities.

#3 - Harm

Harm is the third element of a defamation suit. The damages need to be quantified. Damages could be in the form of shame, character assassination, ridicule, disgrace, or other causes.

This element is very tricky. The damage caused by an attack varies in degree. To receive compensation, the infringement must surpass that threshold. For example, if the statement in question is confusing, it does not meet the requirement for damages.

Common examples of severely damaging statements include comments insinuating improper sexual conduct, association with vile diseases, and statements that affect a plaintiff's livelihood.

#4 - Fault

In a defamation suit, the plaintiff must prove that the accused either failed to do something or did something they should not have done.

In defense, if an accused proves that the plaintiff does not cover all sides of the story using notes, documents, etc., they can get acquitted. It is important to note that the burden of proof falls on the plaintiff. The defendant is not required to prove their side of the story.

Let us look at libel examples to understand the lawsuit better.

Example #1

Charlie and Janice are college friends. Janice is a rank holder. Charlie is secretly jealous of Janice.

To embarrass Janice, Charlie attempts a prank in front of the whole college. Charlie fabricates a series of text conversations between him and Janice. In the fake narrative, Janice is shown admitting to cheating in exams.

Without checking the integrity of the news, the information spreads rapidly. Janice loses the trust of her classmates and faculty. She becomes the target of public ridicule.

Upon investigation, Janice discovers that Charlie is behind the fabrication. Janice sues Charlie for defamation. Janice presents extensive evidence to prove the falsehood of Charlie’s narrative.

The court finds Charlie guilty. Janice receives compensation through fines and a public apology from Charlie. Janice also clears her name; she recovers her lost reputation.

Example #2

Kevin and Lena are motivational speakers. Each has its own YouTube channel—a primary source of income.

One day, Lena mentions Kevin in one of her videos. Lena slams Kevin and passes derogatory comments. She passes personal comments on Kevin, his style, and how he addresses the audience.

An enraged Kevin files a defamation suit against Lena in response to the insult. Also, Kevin seeks monetary compensation for the damage caused.

Defamation damage is quantified based on how it affects a person’s well-being, workability, and day-to-day functioning. Here, Lena’s comments had the potential to harm Kevin’s career. In a way, it threatened Kevin’s ability to earn a living.

Example #3

In the infamous case of Johnny Depp and Amber Heard, the US jury found the latter guilty of defaming her ex-husband. The publication in question was an article where Amber Heard declared herself a victim of domestic abuse.

It is one of the most popular defamation suits. In 2022, Johnny Depp received a compensation of $15 million in compensatory and punitive charges.

In response, Amber Heard's lawyers filed an appeal against the ruling. The appeal cited the exclusion of key evidence.

Now, let us look at libel vs slander vs defamation comparisons to distinguish between them.

• Libel refers to untrue statements that are part of textual content. In contrast, slander refers to infractions involving verbal onslaughts. Both are classified under defamation.
• Under certain acts, libel laws are stricter if the statement in question addresses public figures or people in power. If an accused attacks a public figure, the penalties are stricter. Such a distinction does not apply to slander.
• In libel, the burden of proof falls on the plaintiff; they must support their claims using documented evidence. Slander is harder to prove; in most cases, the defendant is protected under free speech. Defamation is a civil rights infringement; it is categorized under tort law.

This article has been a guide to Libel and its meaning. Here, we explain its elements, examples and comparison with slander and defamation. You can learn more about it from the following articles -

• Legal Risk
• Common Law
• Vicarious Liability