Libel and Slander

Any false statement about a person that is printed or broadcast and tends to bring on this person public hatred, contempt, or ridicule or to inflict injury on his or her business or occupation may be libel. If the statement is broadcast, it may constitute either libel or slander. If it is made to a third person but neither printed nor broadcast, it may be slander.

Any plaintiff in a libel suit must prove four points:

1. that the statement was published to others by print or broadcast;

2. that the plaintiff was identified or is identifiable;

3. that there was actual injury in the form of money losses, impairment of reputation, humiliation, or mental anguish and suffering, and

4) that the publisher of the statement was malicious or negligent.

With public figures — people in government or politics or who are much in the news — the test is whether the publisher of the statement knew that it was false or had a reckless disregard for its truth. The question of who is a public figure cannot be answered arbitrarily, and the courts are inconsistent on this. It often depends on the context.

With private figures — people who are not officials or prominent in the news — the test is whether the publisher of the statement was negligent in checking the truth of it. In quoting someone, for instance, be sure you state exactly what was said.

These few highlights only hint at the ramifications of libel law. For your protection and for the protection of your organization, you need to dig deeper into this subject.

Remember that you needn't use a name to commit libel. A recognizable descrip­tion serves the same purpose. If the subject remains unnamed but the public knows who is being talked about, there may be grounds for a libel case.