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Defamation vs. Slander: What’s the difference?

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Libel and slander are false statements that harm an individual’s reputation. Libel is a permanent recording, while slander is temporary. Defenses include lack of knowledge, expressing opinions, and no harm caused. Examples of defamation include false claims about sexual behavior or company quality. Free speech can be protected, but false claims are an abuse of it.

Libel and slander are related terms that both cover statements made that are usually false and reflect harmfully on the reputation of an individual, group or entity. The main difference between these terms is that defamation refers to statements made in any way, and defamation specifically occurs when these comments are permanently recorded. In other words, libel is a type of libel. Another common type of libel is slander, in which harmful statements are made in temporary ways that are not intentionally recorded. The common distinction that you pronounce slander while spelling libel isn’t exactly accurate; one can certainly speak of defamation, provided that the harmful statements are recorded on a medium.

The laws governing libel and libel charges are complex and vary by region. Trying both is usually a matter for civil courts, though not always, and proving charges isn’t always easy. With defamation charges it can be easy to get an example of an allegedly defamatory statement. These could be found in any print publication, on websites, in press conferences, on television programs, in recorded interviews and in other forms. Proving that a person meant to be evil is harder to accomplish.

When a person is accused of libel, or more specifically, libel, they have a number of defences. They may claim they didn’t know the information was wrong, that they were expressing an opinion, or that they didn’t actually harm the person with their statements. Another defense is that a reasonable person could certainly conclude that the defamatory claim was true based on other evidence.

Some of the common examples of defamation and slander, in particular, include things like making statements about the sexual behavior of others or questioning marital fidelity. Making false claims about a company’s quality that hurt its bottom line is another way to commit both libel and libel. A recent addition is deliberate attempts to destroy a company’s or individual’s reputation by using the Internet. Repeatedly posting negative comments about someone else in an attempt to scupper a company (sometimes called a Google® bomb), deeply damages one’s reputation – and there are tragic examples with the latter – and is certainly illegal. Internet content is also more difficult to get rid of: once published, it can be republished forever.

Many countries strongly support the principle that free speech should be protected, and some argue that legal charges of libel and slander reduce this freedom. It’s true that people can express their opinion, and it’s good to remember that stating an opinion is a defense against a defamation charge. Opinion, particularly if negative, cannot be presented as true fact because this causes claims to be seen as empirical rather than hypothetical. Libel and defamation charges arise when statements appear empirical but are false, and when the intent of the statement is to injure the subject of the statement. Many believe such statements are an abuse of free speech.

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