Slander is a type of defamation, which is a legal tort that damages a plaintiff’s reputation. Libel is defamation in writing or a permanent recording. A person can only sue for one type of defamation, not both. To prove slander, the defendant must have spoken defamatory language to a third person. Legal defenses to defamation include consent, truth, and privilege.
Slander and defamation of character are not two separate claims. Slander is a form of defamation. Legally speaking, libel is any language publicized by a defendant to a third person that causes damage to a plaintiff’s reputation. Slander is verbal defamation. Conversely, libel is libel written or recorded in some other permanent form.
Defamation is a tort, which means it is a legal tort. There are numerous types of torts; defamation is just one example. Many jurisdictions allow a person to bring an action against another person for damages arising from defamation. This means that the first person could bring a libel suit, if the second person speaks defamatory language to a third person. Jurisdictions do not allow a person to sue for both slander and libel of character because the issues are not separate.
Since slander and defamation of character are not two separate issues, a person suing for slander must prove that a defendant spoke defamatory language to a third person. Defamatory language is any language that pertains to the complainant and adversely affects the reputation of the complainant. For example, defendant Derik tells Sarah that Paul is a child molester. This is libel based on slander because Derik spoke the libelous language to a third person, Sarah. This is not slander and defamation of character; it’s just slander.
To understand slander, it is helpful to compare it to defamation instead of comparing it to defamation of character. Slander is a form of defamation just as slander is a form of defamation. Libel is defamatory language in writing or some other recording of a permanent nature, such as a television or radio broadcast. Slander is less permanent because it is only verbal libel and is not recorded.
A defendant, even one who acknowledges libelous talk about the plaintiff to a third person, may have legal defenses that will prevent the plaintiff from winning the libel case. A defendant would not need to raise defenses for both libel and libel of character, just libel. Typical legal defenses to a defamation action are consent, truth, and privilege.
Consent and truth both operate as an absolute defense against a slanderous claim. After all, it’s not a slander if Paul is really a child molester. Normally, the privilege protects a speaker from liability if a person speaks defamatory language under certain conditions, such as in court, legislative proceedings, or executive proceedings.
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