Libel: Meaning, How to Prove It, and How It Differs from Slander

Key takeaways

• Libel is a form of defamation expressed in a permanent or widely disseminated medium (written, printed, broadcast, or online) that harms a person’s reputation.
• Libel is a civil tort; a successful claim typically requires showing a false, published statement about the plaintiff that caused harm and meets the required fault standard.
• Truth and protected opinions are defenses. Public figures must meet a higher fault standard — “actual malice” — to prevail.

What is libel?

Libel is defamatory communication presented in a fixed or broadly circulated form (e.g., articles, books, broadcasts, websites, social‑media posts) that asserts false facts about a person and injures their reputation or livelihood. Unlike slander, which traditionally refers to spoken defamation, libel covers written and broadcast expressions and many types of online content.

Why online posts and broadcasts count

Broadcasts (TV, radio) and many internet publications reach wide audiences and have lasting records, so courts treat them like written defamation. Even a blog post read by a single third party can meet the legal definition of “publication.”

Core elements of a libel claim

Although specific elements can vary by jurisdiction, a libel claim generally requires:
* A false, defamatory statement of fact about the plaintiff.
* Publication of that statement to at least one third party.
* Fault by the defendant (the required standard depends on the plaintiff’s status).
* Harm or damages to the plaintiff’s reputation (some statements are actionable on their face).

Fault standards

• Private individuals usually must prove negligence (the defendant failed to exercise reasonable care).
• Public officials and public figures must prove actual malice: the defendant knew the statement was false or acted with reckless disregard for the truth (established in New York Times Co. v. Sullivan).

Commonly actionable statements

Certain allegations are often treated as defamatory per se because they are inherently damaging:
* Accusations of criminal activity.
* Claims that someone has a contagious or serious disease.
* Allegations of sexual misconduct.
* Statements accusing someone of unprofessional or dishonest conduct in their business or profession.

Defenses

• Truth — a complete defense in most jurisdictions.
• Opinion — pure opinions that cannot be proven true or false are generally protected. However, a statement framed as opinion can still be libelous if it implies undisclosed defamatory facts or suggests an asserted factual basis.
• Privileges — some communications (e.g., certain government proceedings or fair reports) may be privileged.

Examples and practical notes

• Saying “I think Sam murdered their spouse” may be actionable if it implies a factual basis or asserts guilt.
• Minor factual errors (e.g., wrong age or height) typically do not amount to libel.
• Negative online reviews can cross into libel if they assert provably false facts rather than express opinions.

If you are accused or concerned about libel

• Preserve the communication and any related evidence (timestamps, screenshots).
• Assess whether the statements are factual and whether they are true.
• Consider a retraction or correction when appropriate; in some jurisdictions this can reduce damages.
• Consult an attorney experienced in defamation law for advice tailored to your situation.

Conclusion

Libel law balances protection of reputation against freedom of expression. False factual statements published to others can give rise to liability, but truth, protected opinion, and certain legal privileges limit that liability. Public figures face a higher burden to prove fault due to the actual malice standard.

Selected references

• Cornell Law School, Legal Information Institute — “Libel”
• U.S. Supreme Court — New York Times Co. v. Sullivan
• Oyez — New York Times Company v. Sullivan (case summary)