How to Learn About Defamation

In the United States, defamation laws protect individuals, organizations, businesses and companies from false statements, publicly presented as truth, that may or do cause personal or financial injury. Defamation itself is subdivided into two categories—slander and libel.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Computer with Internet access

Know What Constitutes Defamation

1. Begin by understanding the two types of defamation—libel and slander. The distinction between the two is a medium-specific one. Libel is defamation that occurs in print or other published media (including electronic media), whereas slander is spoken defamation (including sign language and gesture). Both libel and slander must occur in a public forum in order to be illegal.
2. Know that some states treat libel and slander separately, with separate laws in place to deal with each, whereas others group both under the single category of defamation law. Any legal action you take or defense you solicit will be colored by the laws specific to your state, which your attorney can clarify if you go that route.
3. Learn about defamation law by accessing a reliable Web page that explains, in specific and objective terms, exactly what does and does not constitute defamation, libel and/or slander. Abbottlaw.com (see Resources below) provides such an overview, presented in accessible language, that summarizes the important points of defamation law in the United States.
4. Use legal resources to learn more about defamation law. Speak to a legal aid counselor at your local legal clinic or take advantage of free legal consultations with local law firms specializing in defamation law. Hire an attorney only if you want to pursue legal action, or if you are named as the defendant in a defamation lawsuit.
5. Raise your awareness and link to resources in defamation law cases by visiting the Media Law Resource Center Web site (see Resources below). It is searchable by topic and also contains valuable specialized information where you can learn more about defamation in the Internet age.

Tips & Warnings

• It is especially important to understand the difference between libel and slander in order to avoid any potential misunderstandings when dealing with defamation law.
• The First Amendment to the U.S. Constitution makes the prosecution of defamation more difficult than in most other countries. Be aware that plaintiffs must provide compelling evidence that shows beyond a doubt that (a) the defamatory statements were presented as truth when they were known to be false and (b) that the defamatory statements led directly to financial loss or loss of personal standing.