Libel

Libel is a type of defamation that involves written or pictorial statements that damage another party’s reputation.  Slander, the second type of defamation, involves statements that are spoken or gestured.  Defamation is any false statement about a person’s character, morals, business practices, abilities, financial status, and the like that is deliberately intended to damage his reputation.  A person who has suffered as a result of libel may have the legal right to seek compensation for their losses in a civil libel lawsuit.  

Libel laws were first created during the American Revolution when a New York publisher was sentenced to eight months in prison for printing attacks on the colony’s governor.   The laws regarding libel would change significantly over time, particularly with the creation of the United States Constitution.  The first amendment guarantees all US citizens the right to freedom of speech and freedom of the press.  This constitutional right limits the legal remedies available to those who have been injured by libel. 

Both the federal government and individual states have laws regarding civil legal options in cases of libel.  Some states lump libel and slander together in the same set of laws.  Some states have criminal libel laws on the books, but these are rarely prosecuted.  The term libel is often given to false statements that are provided to a large audience.  A statement may not be considered libel if it is addressed to a small audience or individual.  Libel must damage a person’s reputation on a large scale in order to be an actionable offense. 

A statement must be false in order to be considered libel.  Libel must also be presented as a fact.  Opinions are not considered libel even if they damage a person’s reputation.  Statements that are considered “fair comment and criticism” also do not qualify as libel.  An injurious statement must also be considered believable to be libel; if a statement is so outlandish that a reasonable person would not believe it, it is not considered libel.  The plaintiff in a libel lawsuit must also prove that the defendant intentionally made those statements knowing that they were false and defamatory. 

Newspapers are a common defendant in libel lawsuit cases, as are other print publications.  The Associated Press estimates that 95 percent of all libel cases involving news sources do not arise from high profile news stories, but rather local and ordinary news cases.  The plaintiff in a libel case can be a media or public figure, an inmate, an entertainer, or a business professional.  It is estimated that in 70 percent of all libel cases, the plaintiff is a business professional. 

If you would like to learn more about libel, please contact us to speak with a qualified and experienced attorney who can evaluate your case to determine your how best to protect and maximize your legal interests in a libel lawsuit.  This legal expert knows the laws in your state and can determine your legal rights and options.