Slander and libel are two sides of the same coin. Slander happens when someone says something. Libel happens when someone writes (publishes) something. And that "something" said or written hurts another person's reputation.
Defamation isn't a crime -- but libel or slander can form the basis of a lawsuit.
It's not a crime in the United States to say or write something that hurts another person. That's because of the free speech protections of the United States Constitution. That doesn't mean hurting someone with words is not without consequence. The person who has been hurt can file a lawsuit under state or federal "defamation" laws.
Together, slander and libel make up the civil action of "defamation" which is the basis of a lawsuit for personal damages. The Florida Supreme Court has recognized the explanation of defamation given in the Restatement (Second) of Torts 558B, 580A-580B which explains:
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Defamation has the following five elements: (1) publication; (2) falsity; (3) actor must act with knowledge or reckless disregard as to the falsity on a matter concerning a public official, or at least negligently on a matter concerning a private person; (4) actual damages; and (5) statement must be defamatory. See Restatement (Second) of Torts §§ 558B, 580A-580B.
Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098, 1106 (Fla. 2008).Social Media Statements Mean More Defamation Lawsuits
Statements made in a podcast or YouTube video (slander if said) or written (libel) in a Tweet on Twitter or a statement posted on Facebook, Google+, or any blog comment or review site are more and more often becoming the basis of defamation lawsuits across the country.
People are suing for social media defamatory statements and asking for money damages from the person who said or wrote the statements in question. Lots of money.
Detailed Information on Slander, Libel, and Defamation - South Florida Injury Accident Blog
This is a growing concern for many people, and for those in South Florida who are concerned about social media statements and the harm they may cause, we have begun a series of informative posts on our new injury accident blog that gives details about social media slander and libel concerns.
For more information, please check out:
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- Can You Sue for a Bad Review? Sure. Libel, Slander, and Defamation Lawsuits for Negative Reviews
- Florida Defamation Lawsuits: Defenses to Libel and Slander Claims Seeking Defamation Damages Under Florida Law
- Can You Be Sued for an Anonymous Review? Yes. Will They Win? Maybe, Maybe Not.
- Florida Anti-SLAPP Act: Libel and Slander Lawsuit Defense Provided by State Law to People Sued for Defamation
- Will An Insurance Policy Cover Damages for Libel or Slander? Defamation Claims are Personal Injury Claims That May Not Be Covered By Standard Coverage Policy
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