How Does Libel Get Determined?

Definition

Libel is a law term that refers to a false statement of fact made against any person that is printed, broadcast, or communicated in any way to others. Libel refers to statements that are recorded or written, or visual images that are printed or reproduced. Unlike slander, which refers to spoken false statements, libel refers to false statements that are printed and therefore, permanent. A false statement can only be considered libelous if it is harmful or defamatory and negatively affects the person's reputation. Moreover, the false statement must be published to at least one other person besides the person who is being defamed, and the subject of the statement must be clearly identified as the plaintiff for a libel case to be deemed valid.

How libel is determined

There are specific requirements that must be met for a statement to be considered libelous. The statement must be printed or recorded and published to at least one other person besides the defendant and the plaintiff. It must be clear to anyone reading or hearing the statement that it regards the plaintiff, and there must be no confusion about who the statement refers to. Furthermore, the statement must also be proven true or false, meaning that it cannot be interpreted as anything other than fact. Statements that are exaggerations, caricatures or name-calling cannot be proven true or false, and are generally not considered libel. Another important factor in defining libel is determining that the injurious statement was made with fault, meaning that the defendant knew that the statement was a lie before he made it, or that he was blatantly negligent. If a public figure or prominent person is libeled, he must prove that the defendant knew the statement was false and made it anyway. However, private individuals only need to prove that the defendant was negligent.

Other factors

Libel is usually determined in a court of law before a judge. Most cases never reach a trial by jury, and many are settled out of court. It is up to the plaintiff to prove that a statement was libelous or defamatory. A successful libel case for the plaintiff will result in a retraction of the statement as well as the awading of money damages. Several well-known celebrities such as Tom Cruise and Sienna Miller have taken tabloid magazines and other publications to court over claims of libel and won. Just like in any other case, a libel verdict can be appealed, as a defendant's First Amendment rights are held in high esteem during the trial.

Resources

• Libel Law