Libel Defined | Legal Overview

Answer 1

Legal Definition - Defamation and Libel

Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'.

Libel and slander are subcategories of defamation. Defamation is primarily covered under state law, but is subject to First Amendment guarantees of free speech. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion.

Libel is published material meeting three conditions:

1. the material is defamatory either on its face or indirectly;
2. the defamatory statement is about someone who is identifiable to one or more persons; and,
3. the material must be distributed to someone other than the offended party; i.e. published, as distinguished from slander.

Elements of Libel and Slander

Specific requirements that a plaintiff must prove in order to recover in a defamation action differ from jurisdiction to jurisdiction. Under the Restatement (Second) of Torts, which is drafted by the American Law Institute and has been influential among state courts, aplaintiff must prove four elements.

First, the plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff.

Second, the plaintiff must prove that the defendant made an unprivileged publication to a third party.

Third, the plaintiff must prove that the publisher acted at least negligently in publishing the communication.

Fourth, in some cases, the plaintiff must prove special damages.