Defamation

Types of defamation

The law of defamation seeks to strike a balance between protecting freedom of expression and safeguarding individuals and businesses from unjust reputational harm. Claims typically arise from statements published in newspapers, on television, on social media, in blogs, online reviews, emails, or even in spoken conversations.

There are two main types of defamation: libel and slander. In addition, related claims such as malicious falsehood may arise where false statements cause financial damage.

Libel 

Libel involves making defamatory statements in a permanent form, traditionally seen in printed media like newspapers and books, but now more commonly found in online articles, social media posts, blogs, websites, emails, broadcast media, and online reviews. Since libel is enduring, the law typically presumes damage once it is proven that the statement was published. To succeed in a libel claim, it must generally be demonstrated that a statement was made to a third party, that it specifically refers to the claimant, and that it is defamatory, meaning it would negatively impact the claimant’s reputation among reasonable members of society. The statement must also have caused, or be likely to cause, serious harm to the claimant’s reputation; for businesses, this often requires evidence of significant financial loss. Common defenses against libel claims include proving the truth of the statement, asserting it as an honest opinion, or arguing that it was published in the public interest.

Slander

Slander refers to defamation that occurs in a temporary or spoken form, encompassing verbal statements, speeches, telephone conversations, and meetings or presentations. Unlike libel, which is written, slander typically necessitates proof that actual damage has been suffered. However, in specific instances, such as allegations of criminal conduct or statements that harm someone in their trade or profession, damage may be presumed. Slander cases tend to be more complex from an evidential standpoint because spoken words are often disputed and not permanently recorded, making the establishment of facts more challenging.

Malicious falsehood

Malicious falsehood, also known as injurious falsehood, is a legal claim distinct from defamation, primarily focusing on financial damage rather than reputational harm. This claim arises when false statements are published with malicious intent, leading to financial loss. To establish a case of malicious falsehood, it generally must be demonstrated that a false statement was published, that the statement was made maliciously—either without an honest belief in its truth or with reckless disregard—and that the claimant suffered financial loss as a result. This type of claim is often pertinent in business disputes, conflicts between competitors, or instances where misleading statements are made about products or services.