Slander is a legal term referring to the act of defaming someone through spoken words. Unlike libel, which involves written or published defamatory statements, slander is specifically concerned with oral communication. Two key types of slander are recognized in law:
Slander Per Se
Slander per se involves statements whose defamatory nature is apparent on their face, without the need for additional context. These statements typically fall into specific categories, such as accusing someone of a crime, alleging they have a contagious disease, claiming they are unfit in their trade or profession, or making assertions about someone’s sexual conduct.
Slander Per Quod
Slander per quod involves statements that require extrinsic facts to understand their defamatory meaning. Unlike slander per se, these statements are not explicitly defamatory but can become so when contextual facts are taken into account.
Legal Considerations
Establishing a Case
To establish a case of slander, the plaintiff must typically prove the following elements:
- Publication: The statement was made to a third party.
- Falsity: The statement is false.
- Fault: There was negligence or intentional wrongdoing in making the statement.
- Damage: The statement caused harm to the plaintiff’s reputation.
Defenses Against Slander
Common defenses include:
- Truth: A true statement cannot be considered slander.
- Privilege: Certain statements made in specific contexts (like legislative or judicial proceedings) are protected.
- Opinion: Statements that are clearly opinions, not facts, are generally not considered slanderous.
Historical Context
The concept of slander has deep roots in legal history, dating back to common law traditions in England. Early slander laws evolved as society recognized the significant harm that false spoken words could inflict on an individual’s reputation and livelihood.
Examples of Slander
- Accusation of Crime: Publicly stating that someone has committed a theft, which could lead to legal and social consequences.
- Professional Incompetence: Claiming in a meeting that a doctor is unqualified and dangerous, which could undermine their professional reputation.
Comparisons and Related Terms
Libel
Libel differs from slander in that it involves defamation through written or published statements. Both share the same core principle of damaging an individual’s reputation but differ in the mode of expression.
Defamation
Defamation is a broader term encompassing both slander and libel, referring to any false statement that harms someone’s reputation.
Frequently Asked Questions
Q1: What is the difference between slander and libel?
A1: Slander pertains to spoken defamatory statements, while libel involves written or published ones.
Q2: Can opinions be considered slander?
A2: Generally, opinions are not considered slanderous unless they imply false statements of fact.
Q3: Is it necessary to prove harm in slander cases?
A3: Yes, the plaintiff typically must prove that the slanderous statement caused harm to their reputation.
References
- Prosser, W. Page, and John W. Wade. Prosser and Keeton on the Law of Torts. West Publishing Co., 1984.
- “Slander.” Legal Information Institute, Cornell Law School, www.law.cornell.edu.
Summary
Slander involves defamation through spoken words, with significant legal implications. Understanding the distinctions between slander per se and slander per quod, along with the necessary legal elements and potential defenses, is crucial for navigating such cases. Slander remains an important aspect of protecting individuals’ reputations in various social and professional contexts.
