What Is the Difference Between Libel and Slander?

Libel is defamation in written form. This includes social media posts, emails, articles, blog posts, online reviews, text messages shared with others, and websites or videos.

Because libel exists in fixed form, it can be shared repeatedly and causes ongoing harm.

Slander is spoken defamation: verbal statements. This includes false statements in conversations, defamatory comments at meetings, verbal accusations to coworkers, or damaging statements in speeches.

Proof: Libel is easier to prove because written evidence exists. You can screenshot the social media post or save the defamatory email.

Slander requires witnesses who heard the statement. 

Damages: Some types of libel are so serious that harm is presumed; you don’t need to prove specific losses. For example, false accusations of criminal activity or statements damaging your professional reputation may meet the threshold.

With slander, you usually must prove actual damages showing how the statement specifically harmed you.

Whether libel or slander, you need three things:

Defamatory Statement: The statement must lower your reputation in the eyes of reasonable people; not just unflattering, but actually must be damaging.

About You: People must understand the statement refers to you, even if you’re not named.

Published to Others: At least one other person besides you must have seen or heard it. Private statements between two people aren’t defamation.

Truth: If the statement is substantially true, it’s not defamation. Truth is an absolute defense regardless of harm caused.

Fair Comment: Honest opinions on public matters, based on true facts, may be protected.

Privilege: Statements in court proceedings or certain official contexts are protected even if defamatory.

If you’ve been defamed, contact us at 416.901.9984 or info@pintoshekib.ca to discuss your case.