How Do I Answer Libelous Insults?

Untrue defamatory statements in a newspaper are libelous.

Libel is similar to slander. Both are when one party projects opinions about another that are insulting or defamatory. The statement is usually something that would cause damage to a person's reputation. When those types of statements appear in print, such as in newspapers or journal articles, it is known as libel. People need to know their rights and realize that if someone is printing libelous insults about them, they have legal recourse available against those parties.

Instructions

1. Keep a copy of the print media where the insult appeared and immediately obtain extra copies or make copies of the document. Preserve the proof of the perceived insult first and foremost or it will be difficult for you to pursue any kind of a case.

2. Contact a lawyer within the state that the libel took place in. Look for a lawyer with experience with previous libel cases in your state, as libel laws can differ depending on the state that you live in.

3. Send a letter to the people who printed the insults and ask them to print a retraction. Get your lawyer to assist you in writing this letter. Avoid the costs of a lawsuit if the words were not too damaging and if you and your counsel feel that the damage to your reputation can be mended with a retraction.

4. File a libel suit against the party who printed the insults if your attorney advises you that you have a case. Take careful heed of any advice provided to you by your attorney about the potential success of your case. If advised that the printed statements were not really libel, or can be defended as being factual reporting, then you stand far too large of a chance of losing your case to proceed with it.

5. Print notification of the victory at trial if you win your case. Notify the public, your audience or your customers that a judge found the original statements libelous in order to help rebuild your reputation, at least in part.

Tips & Warnings

• Ensure that you can prove that the printed material was portrayed as factual information, and not as the opinion of the writer. This is a key component in libel cases.

References

• David A. Potts: What is Libel and Other Questions?
• Media Law Resource Center: Frequently Asked Media Law Questions
• InfoUSA; An Unfettered Press: Libel Law in the United States; Steven Pressman

Resources

• Expert Law; Defamation, Libel and Slander Law; Aaron Larson, August, 2003