What is Libel?

Libel is a method of defamation expressed by print, writing, pictures, signs, or effigies. It involves the publication of false statements that damage a person's reputation or expose them to public hatred, contempt, or ridicule. Unlike slander, which is spoken, libel is permanent and recorded.

Libel is now a hotbed as President Trump has been filing libel lawsuits against when he deems fake news. As of April 2026, President Donald Trump has actively pursued defamation lawsuits against media organizations, most notably a $10 billion suit against the Wall Street Journal over reporting on his ties to Jeffrey Epstein. Other recent actions include suits against the BBC and media outlets regarding content deemed "unfair" or false, while facing his own legal liabilities in ongoing defamation cases.  President Trump is the ultimate "public figure" which forces him to prove that a statement was not only "false" but that the falsehood was made with a deliberate desire to defame and hurt him.  Actual malice means an intent to harm.  This is a very difficult standard to establish without finding a smoking gun such as an email or text where the Wall Street Journal or BBC balances "the truth" vs. "What was published".  

We contrast libel - the printed word with slander which used to be the most popular mode of defamation (verbal) but with social media anything posted becomes libel.  The harms caused by posting on social media are far more severe (usually) than verbal defamation because on the internet everything both spreads and lives forever.  Complex issues arise when you say something permitted in the United States but it posts on a website in Great Britain where the same statement is actionable libel.  This blog does not address that complex issue and simply outlines the rules for libel in California (which is consistent with the rules in most of the United States.

Key Elements of Libel

For a statement to be legally classified as libel, the following elements usually must be proven:

• Publication: The defamatory material must be seen or read by a third party (someone other than the person being defamed).

• Identification: The statement must clearly be "of and concerning" the plaintiff, even if they aren't named directly.

• Falsity: The information must be factually incorrect. True statements, no matter how damaging, cannot be libelous.

• Fault: The person who published the statement must have acted with a certain level of negligence or "actual malice" (depending on whether the subject is a private or public figure).

• Harm: Because libel is written and permanent, many jurisdictions assume "general damages" (harm to reputation) without requiring proof of specific financial loss.

Libel vs. Slander

The distinction between the two types of defamation centers on the permanence of the medium:

Note on Digital Media: In the modern era, most social media posts, emails, and comments sections are treated as libel because they create a lasting digital record, even if the tone of the writing is informal.