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DEFAMATION: ALL YOU NEED TO KNOW

What do you know about slander and libel which are two types of defamation?

CHAMAN LAW FIRM

5/11/20242 min read

DEFAMATION: ALL YOU NEED TO KNOW

What is your reaction when someone has been spreading malicious rumours about you online? What do you know about slander and libel which are two types of defamation? Libel and slander are types of defamation.

DEFAMATION

Defamation is sphere of law that provides a civil remedy when someone's words cause harm to your reputation or your livelihood. It constitutes a false statement of fact that is intended to damage a person’s reputation. Defamation falls into the category of tort law relating persona or property Defamation is a spoken, written or published false statement made with the intention to impair someone’s reputation. To establish a claim of defamation, you will have to prove that an individual made a false statement, dispensed such untrue statement as the truth, and has communicated this false representation to a third party. Note that for action of defamation to succeed, the statement made by the alleged defamer must be a matter of fact rather than an opinion. For an action of defamation to subsist, the statement must be made to a third party.

CONSEQUENCES OF DEFAMATION

It lowers the victim reputation as a right-thinking member of society

It makes the society to shun or avoid the victim

It exposes the victim to public hatred, contempt or ridicule

It demeans the victim in his or her profession or business.

LIBEL

Libel is a written or published defamatory statement that is found in print, in some instance spoken statements made on TV, radio or in other digital media that create a permanent record can constitute libel. It must be a defamatory statement or false representation that conveys an unjust impression. It must have caused injury or damage to your character or business.

EXAMPLE OF LIBEL:

Imaging you sell meat pie, and actually you use beef in you meat pie. And your competitor rose up to publish that you do not use beef but pork; that act constitute a libel against your business.

SLANDER

Slander is a spoken or oral defamatory statement made through speech. It must be a false spoken statement made with the intent of making people form a bad opinion of someone. Slander is the act of knowingly making a verbal false statement in public. For statements to constitute slander, it must have been heard by a third party.

EXAMPLE OF SLANDER

Just like the scenario painted above, you sell meat pie, actually you use beef in your meat pie. And your competitor starts telling passer-by that you do not use beef but pork, that act constitute a libel against your business. To passer-by the shop, the statement would more likely be slander rather than libel.

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY: CHAMAN LAW FIRM TEAM

E-MAIL: chamanlawfirm@gmail.com

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