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What is Slander?

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What is Slander?

Slander is a form of defamation that involves making false and damaging oral statements about someone. Unlike libel, which refers to lasting forms of defamation like writing or recordings, slander is transitory, meaning it is spoken aloud to a third party.


Key Elements of Slander

To legally qualify as slander, a statement generally must meet the following criteria:

  • It must be false: If a statement is true, it is not considered defamatory, no matter how harmful it is to the person's reputation.

  • It must be "published": In legal terms, this means the false statement was heard by at least one person other than the subject of the slander.

  • It must cause harm: The victim must usually prove "special damages," such as financial loss or the loss of a job, resulting from the statement.

  • It must be unprivileged: Certain situations (like testimony in court) are "privileged," meaning speakers are protected even if they say something false.


Slander vs. Libel

While both fall under the umbrella of defamation, the primary difference lies in how the message is delivered:

FeatureSlanderLibel
MediumSpoken words, gestures, or sounds.Written words, photos, or videos.
PermanenceTemporary/Transitory.Lasting/Permanent record.
EvidenceOften requires proof of specific harm.Harm is often "presumed" because of the permanent record.