Slander

Slander is a type of defamation that involves the making of false and damaging statements about someone in a transient form, particularly spoken words. It is distinguished from libel, which concerns written or published false statements. Slander is considered a civil wrong (tort) and can be the basis for a lawsuit where the injured party may seek compensation for damages caused by the defamatory statements.

Definition and Elements

Slander is defined by several key elements that must be proven for a statement to be considered slanderous:

• Publication: The defamatory statement must be spoken to someone other than the person it is about.
• Falsity: The statement must be false. True statements, no matter how damaging, are not considered slander.
• Injury: The statement must cause harm to the subject’s reputation, such as causing them to be shunned or avoided or harming their professional standing.
• Unprivileged: The statement must not be protected by any legal privileges, such as those often applied in courtrooms or legislative bodies.

Types of Slander

Slander can be categorized into two types:

• Slander per se: Some statements are considered so harmful that they are deemed defamatory on their face. These typically include allegations of a crime, a contagious disease, professional incompetence, or moral turpitude.
• Slander per quod: In these cases, the defamatory nature of the statement is not apparent and requires additional explanation or context to show how the statement was damaging.

Legal Remedies and Defenses

Victims of slander may seek legal remedies which typically include monetary compensation for damages. In some jurisdictions, plaintiffs may also seek punitive damages intended to punish exceptionally harmful behavior.

Defenses against a slander claim can include:

• Truth: Demonstrating that the statement made was true is a complete defense against a defamation claim.
• Privilege: Some statements are made in privileged contexts, such as during judicial proceedings or legislative debates, and are protected from defamation actions.
• Consent: If the plaintiff consented to the publication of the defamatory statement, it cannot be considered slanderous.
• Opinion: If the statement is clearly an opinion rather than an assertion of fact, it may not constitute slander.

Social and Cultural Implications

Slander can have significant social and cultural implications, affecting not only individual reputations but also public discourse. The balance between protecting reputations and upholding freedom of speech is a critical issue in many legal systems around the world.

See Also

• Defamation
• Libel
• Freedom of speech
• Tort law