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Nearly Everyone Has Been The Victim of Harsh Words and Lies
Nearly Everyone Has Been The Victim of Harsh Words and Lies
If you’ve wondered whether false claims made against you constitute libel, this article is for you.
We’ll define the term, answer all of your questions, and even provide some real-life libel examples.
At Morgan & Morgan, we know just how powerful words can be. Arguably, the written word is even
more powerful. And we want to ensure that you are not made a victim of lies and false information.
If you ever need an attorney to help you defend your rights and restore your good name, give us a
call. We will treat your case with the attention and respect it deserves.
What Is Libel?
Libel is any published content — including writings, drawings, or pictures — that is untrue and
exposes a person to public ridicule or disgrace. In the age of social media, the opportunity for libel
has increased tenfold. However, social media is not the only popular forum for the offense.
Unfortunately, one of the greatest sources of libel in the United States is the media. A quick Google
search of active libel cases will show you that many libel claims are made against professional
publications.
Keep in mind that for a libel case to be successful, the information conveyed must be both written
and untrue.
If a person is accused of contracting an STD and that information turns out to be correct, the person
in question does not have a valid libel case. However, he or she may be able to file a right to privacy
lawsuit if the information was gained illegally.
In Latin, “per se” means “on its face.” So libel per se refers to cases where the content outright
defames another person’s reputation.
The Latin definition of “per quod” is “undercover.” Thus, libel per quod refers to cases in which the
content is left up to interpretation but still serves to defame a person’s reputation.
Essentially, libel per se cases are much easier to prove and litigate. Pursuing a successful libel per
quod case is possible, but it can be more difficult. In both cases, it helps to hire an experienced
attorney from our team at Morgan & Morgan.
What Is Slander?
The terms “slander” and “libel” are often used interchangeably. The truth is that each term refers to
an entirely different category of defamation law. While libel law applies to written untruths, slander
law applies to verbal untruths.
Essentially, slander happens when a person makes an untrue statement about another person, and
that statement leads to quantifiable damages. Slander is most common in the workplace, where
false statements can harm a person’s career.
A successful libel case comes down to one important question: Can the victim prove that he or she
experienced actual harm because of the libelous statements? Actual harm can be broken down into
two separate categories: harm to a reputation and financial harm.
Harm to a Reputation
Although harm to a reputation sounds less damaging than financial harm, this is often not the case.
Harm to a reputation has the potential to ruin a person’s career and personal life.
For example, if you are a doctor and someone claims that your credentials are fabricated, you may
quickly lose both your patients and your professional relationships.
Financial Harm
Financial harm goes hand in hand with harm to a reputation. If the false claims against you cause
you to suffer from quantifiable financial losses, you should pursue compensation for those losses.
It’s also possible to sue for emotional and physical pain and suffering. If the stress of the claims
made against you resulted in serious insomnia, depression, or worsening health, you could make a
claim for those experiences as well.
To prove that libel has occurred, it helps to have both witnesses and documentation that support
your claim. Bring a copy of the publication to a Morgan & Morgan attorney to get the process
started.
The justification for this is that a public figure generally decides to seek public attention and thus
accepts a measure of risk for bad attention. Public figures also have a wider platform for refuting the
libelous claims, while the general public does not. With that being said, here are some famous libel
examples and their outcomes.
The first of our libel examples is J.K. Rowling vs. the Daily Mail. In this case, the bestselling author
sued the Daily Mail for libelously claiming that her article for a U.K. charity had contained false
statements.
In the end, the Daily Mail released a statement acknowledging that the allegations were “completely
false and indefensible.” The publication also issued an apology and agreed to pay a substantial
settlement to close the case. Reportedly, Ms. Rowling donated a significant portion of the settlement
to charity.
Other libel examples include Russell Brand vs. the Sun. In November of 2013, the publication
printed an article stating that the actor had cheated on his then-girlfriend, Jemima Khan. After his
requests to withdraw the article were denied, Mr. Brand sued for libel damages, claiming that the
accusations were untrue.
Ultimately, the actor won out. He received a substantial amount in libel damages and an apology
from the publication.
Not all libel cases involve false accusations of cheating. In the case of Kate Winslet vs. the Daily
Mail, the actress’s exercise regime was the topic in question. Ms. Winslet won her suit, in which she
accused the Daily Mail of falsely claiming that she lied about her exercise routine. The reported
payout? £25,000.
In September of 2017, Rebel Wilson won her lawsuit against Bauer Media and was awarded AUD
$4.7 million. However, in June of the next year, that sum was dramatically reduced following an
appeal.
Ultimately, Ms. Wilson came out on top after proving that Bauer Media had falsely accused her of
lying about her age and childhood to make it in Hollywood. The actress claimed the libelous claims
affected her ability to win new roles.
First things first, you should take some time to reflect after the claims come to light. To build a
successful case, it helps to begin in a calm frame of mind.
When you’re ready, consider the facts of the situation. Does it seem as though you genuinely have a
case? Remember that the statement must be provably false and cause you actual harm.
Call an Attorney
If you do believe you have a potential case on your hands, contact the libel attorneys at Morgan &
Morgan. We can schedule a free consultation to discuss the situation further. To start, we will
request that the publisher of the false statement remove the libelous content and issue an apology. If
that does not happen, we can pursue a civil case.
If the libelous claims are greatly affecting your personal and professional lives, it may be time to start
combatting the bad press. A reputation manager can help you publish positive articles that will
rebuild your reputation.
Slander vs Libel
Slander and libel are two kinds of defamatory statements, or untrue statements that harm a
person or a business's reputation. Defamation is not protected by the First Amendment's freedom
of speech clause. So, making defamatory statements usually leads to legal consequences.
Slander is defamation by spoken word while libel is defamation by written word. Early U.S. law,
distinguished slander from libel because slander was thought to be more harmful. This is because
the literacy rate was much lower and people engaged in more face-to-face communication,
making the spoken word more pervasive. However, with increased literacy and new media
technologies that enable impersonal communication, libel tends to cause the greatest harm to
people's reputation.
Have you ever found yourself standing at the checkout line in the grocery
store,
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Examples of Slander
While people have the First Amendment right to express offensive opinions, slander is illegal.
For example, a costumer standing in line at an ice cream shop could tell other costumers, "I hate
this place. This ice cream is so gross" because these are opinions. But, this costumer would be
making a slanderous statement if they said, "This ice cream shop doesn't use real milk, which is
why the ice cream tastes so gross." Provided that the ice cream shop does, in fact, use real milk,
the second statement is slanderous because it is a false claim, communicated orally to other
people as though it were a fact, that can cause other costumers to think badly of the ice cream
shop, leading them to not buy ice cream.
Other examples of slander include:
At a recruitment event, an HR representative falsely tells employees at a rival business that the
CEO is under investigation by the FBI
While campaigning for the Parent and Teacher Association (PTA) president at a charity event, a
candidate falsely announces to everyone that the current PTA president does not actually have a
doctorate in education, implying that he misrepresented his credentials to obtain his position.
While making a speech at a town hall meeting, a politician accuses her rival of committing a
crime, when, in reality, no crime has been committed.
Simulated rape;
Simulated pedophilia;
Child pornography;
Bestiality; or
Poop/pee related sexual activity.
The bill defines obscenity as anything indecent or offensive to good customs, religious beliefs,
principles or doctrine, that will “deprave the human being,” “…excite impure thoughts, or violate
the proprieties of language and human behavior.” Specific examples include the showing,
depicting, or describing sexual acts, ...
using a cartoon character or children´s television program in the domain of a website
that contains harmful or obscene material may be punishable under federal law.Mar 29, 2021
Senate Bill No. 2464, also known as the Anti-Obscenity and Pornography Act of 2008, aims to
criminalize "obscene" and "pornographic" acts regardless of intention.