Did you know that you can get in a great deal of trouble if you use a false or defamatory attack to ruin a person’s reputation and character? You can. This action is called libel. Libel is the act that occurs when someone has the intention of attacking another person’s reputation or character by spreading false information or information that is meant to be defamatory. Libel exposes people to hatred and ridicule; it can even lower their peer’s esteem. It can ruin a person’s career, even if the information is found out to be false.
What Counts as Libel?
To be able to make a lawsuit against libel, the intent of the claim has to be defamatory. The writer of the published work, or broadcaster who spread the word, has to be intentionally trying to defame a person’s character or reputation. The common libel damages are injuries to a person’s reputation but can also include emotional distress charges. Libel can occur in any form of writing, graphic images, pictures, and any other publishable forms.
For a lawsuit to be considered for libel, the statement that has been published must first be proved as true or false. Remember, opinions are protected under the opinion privilege, meaning an opinion cannot be declared as libelous. However, if the opinion includes inaccurate facts, then it may not be protected by the opinion privilege. After the statement has been determined to be false, it has to be determined if the statement was defamatory to the person’s reputation.
What if the Statement is True?
If the published statement is true, and the person involved in the statement declares libel, no consequences can happen. A true statement cannot be sued for libel, even if the information did hurt a person’s reputation. Truth is the biggest defense behind libel. It takes a lot of evidence to be able to find a statement completely and entirely false, and even more evidence to declare the information as defamatory.
Who Can Be Sued for Libel?
Anyone can be involved in a libel suit, but some people may be treated differently then others. According to the article “Libel Laws and the Truth: What If the Statement is True?,” libel standards may change depending on if the person is viewed as a public or private figure. Public figures, such as famous actors, celebrities, or activists may succeed in libel claims if they were able to prove the writer has the intention of defaming the person they made the claim about and that the writer knew the information was false. However, if they cannot prove that the writer knew the information was false, then libel cannot be claimed.
Private figures in a libel claim are ordinary people who do not have a large fan base. Private figures are upheld to a different standard in a libel case because most likely, the information will not ruin someone’s reputation. As stated in the article, “Most states require a private figure to prove only negligence, such as a careless error, rather than actual malice.” Since most private figures are not in the news and are often times not known, a careless mistake might happen, and someone may try to make a libel claim against them.
As you can see, there is an undefined line on how to prove malice in a case of libel. Remember to always check your facts before making a claim that could potentially be libelous. A simple fact-check may prevent a load of libel claims from being made.
©Jennifer McGowen 2020