Libel and Slander – Its Differences –
Libel and Slander: Meaning and Explanation
Both libel and slander are types of defamation — meaning, making a false statement about someone that harms their reputation.
The key difference lies in the form in which the defamatory statement is made.
🔹 Libel
Libel means defamation in a permanent form.
It is usually written or printed statements.
It can also include other permanent forms like pictures, signs, films, or online posts.
Because it is permanent, libel is considered more serious.
🔹 Slander
Slander means defamation in a temporary or transitory form.
Usually, it is spoken words or gestures.
Because it is temporary (like speech), it is considered less serious than libel.
Differences Between Libel and Slander
| Aspect | Libel | Slander |
|---|---|---|
| Form | Written, printed, or permanent form | Spoken or transient form |
| Permanence | Permanent or lasting | Temporary or fleeting |
| Seriousness | More serious | Less serious |
| Proof of Damage | Usually presumed (no need to prove special damage) | Usually need to prove special damages unless it falls in certain exceptions |
| Examples | Newspaper article, written letter, painting | Spoken words, gestures, speeches |
| Mode of Publication | Published to the public or third parties | Spoken to third parties |
| Effect | Has a wide reach and lasting effect | May have limited reach and effect |
Illustrative Case Law
1. Libel Case: Sim v Stretch (1936)
Facts: In this case, a defendant falsely accused the plaintiff of being a spy in a published letter.
Issue: Whether the false statement in a written form was libel.
Judgment: The court held that the written false statement was libel because it was published and harmed the plaintiff's reputation.
Principle: Any false and defamatory written statement published to third parties is libel.
2. Slander Case: Huth v Huth (1915)
Facts: A man spoke false statements about his wife, alleging misconduct.
Issue: Whether spoken words without any lasting form constituted slander.
Judgment: The court held it was slander since the defamatory statement was made orally and was not in permanent form.
Principle: Spoken defamatory words are slander unless proven otherwise.
Additional Notes
Special Damage:
In libel, the law often presumes damage because the defamatory statement is permanent.
In slander, usually, the plaintiff must prove special damages (like loss of business or reputation) unless the slander falls into special categories like accusations of crime, disease, or professional incompetence.
Why Differentiate?
Because libel is permanent, it has more damaging potential and is treated more seriously.
Slander is fleeting, so courts require proof that it caused real harm unless it falls under certain exceptions.
Summary Table
| Point | Libel | Slander |
|---|---|---|
| Form | Written, printed, or permanent | Spoken or temporary |
| Proof of Harm | Presumed | Usually must be proved |
| Seriousness | More serious | Less serious |
| Example | Newspaper article, email | Verbal insult, speech |
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