libterm.com Slander per se refers to false statements about someone that are so damaging they are considered harmful without needing proof of actual harm, such as accusations of a crime, having a contagious disease, or professional incompetence. These types of defamatory remarks automatically presume injury to your reputation and can be legally actionable. Discover more about how slander per se may affect your rights and what steps you can take in the rest of this article.
Table of Comparison
| Aspect | Slander Per Se | Libel Per Se |
|---|---|---|
| Definition | Spoken false statements harming reputation. | Written or published false statements harming reputation. |
| Medium | Oral communication. | Written or printed communication. |
| Presumed Harm | Harm presumed; no need to prove special damages. | Harm presumed; no need to prove special damages. |
| Examples | Accusing someone of a crime, having a contagious disease. | Accusing someone of a crime, immoral behavior, professional incompetence. |
| Proof Requirement | Must be spoken to a third party. | Published to a third party. |
| Damages | General and sometimes punitive damages allowed. | General and sometimes punitive damages allowed. |
| Statute of Limitations | Varies by state; usually 1-2 years. | Varies by state; usually 1-2 years. |
Understanding Defamation: Slander Per Se vs Libel Per Se
Slander Per Se refers to spoken statements that are inherently harmful to a person's reputation, including false accusations of criminal behavior, contagious diseases, professional incompetence, or immoral conduct, allowing the plaintiff to claim damages without proving actual harm. Libel Per Se involves written or published defamatory statements with the same categories of harm, often perceived as more damaging due to their permanence and wider dissemination. Understanding the distinctions between Slander Per Se and Libel Per Se is crucial for accurately addressing legal claims in defamation cases, focusing on the medium, nature of the statement, and requisite proof of damages.
Defining Slander Per Se
Slander Per Se refers to spoken statements that are inherently harmful to a person's reputation, such as accusations of criminal behavior, having a contagious disease, professional incompetence, or sexual misconduct. These statements are presumed to cause damage without needing proof of harm, unlike general slander that requires evidence of actual damages. Libel Per Se, by contrast, involves written or published defamatory statements with similarly obvious damages, but Slander Per Se specifically addresses oral defamation with immediate legal implications.
Defining Libel Per Se
Libel per se refers to written or published statements that are inherently defamatory, implying serious harm without the need for additional context or proof. These statements typically accuse someone of a crime, having a contagious disease, professional incompetence, or immoral behavior, making damage to reputation obvious. Unlike slander per se, which pertains to spoken defamation, libel per se involves permanent and tangible media such as print, online posts, or broadcasts.
Key Legal Differences Between Slander Per Se and Libel Per Se
Slander per se refers to spoken defamatory statements that are inherently harmful without needing proof of damages, while libel per se involves written or published false statements presumed damaging. Key legal differences include the medium of communication--spoken versus written--and the permanence of libel per se, which generally leads to more severe legal consequences due to its lasting nature. Courts often require proof of damages in slander per se cases unless the statement falls into specific categories such as accusations of a crime or professional incompetence, whereas libel per se typically presumes damages automatically.
Common Examples of Slander Per Se
Common examples of slander per se include false statements accusing someone of a serious crime, having a contagious disease, professional incompetence, or immoral behavior. These statements are considered so inherently harmful that the plaintiff does not need to prove actual damages. Unlike libel per se, which involves written defamatory statements, slander per se deals with spoken falsehoods that damage reputations.
Common Examples of Libel Per Se
Common examples of libel per se include false accusations of criminal activity, statements that attack a person's professional competence or conduct, and allegations of having a contagious disease. These statements are presumed harmful and do not require proof of damages for a successful defamation claim. Unlike slander per se, which is oral, libel per se involves written or published defamatory content.
Burden of Proof in Slander Per Se and Libel Per Se Cases
In Slander Per Se cases, the burden of proof requires the plaintiff to demonstrate that the defamatory statement falls within specific categories, such as imputing a crime or loathsome disease, with damages often presumed without the need for additional evidence. Libel Per Se cases similarly presume damages due to the written or published defamatory nature of the statement, shifting the focus to proving the statement's falsity and defamatory impact. Courts impose a heightened burden on defendants to establish defenses like truth or privilege to overcome the presumption of harm inherent in both Slander Per Se and Libel Per Se claims.
Damages and Remedies for Slander Per Se and Libel Per Se
Slander per se and libel per se both involve statements presumed harmful enough to cause damages without proof, but slander per se requires showing actual damages unless it falls into categories like imputing a crime or loathsome disease. Remedies for libel per se typically include presumed damages, allowing plaintiffs to recover without demonstrating specific harm, whereas slander per se claims may demand evidence of special damages unless the statement falls within recognized exceptions. Courts often award compensatory damages, and in some cases punitive damages, with libel per se cases generally leading to broader remedies due to the permanence and wider dissemination of written defamation.
Defenses Against Slander Per Se and Libel Per Se Claims
Defenses against slander per se and libel per se claims include truth, which serves as an absolute defense, and privilege, which protects statements made in specific contexts such as legislative proceedings or judicial processes. Consent is another defense, where the plaintiff has agreed to the publication of the defamatory statement. Additionally, some jurisdictions recognize the defense of opinion, provided the statement cannot be proven true or false and does not imply false facts.
Practical Implications for Victims and Defendants
Slander Per Se involves spoken false statements that damage a person's reputation, while Libel Per Se pertains to written or published false statements with similar harmful effects. Victims of both can pursue legal action without proving actual damages, as the statements are presumed harmful, making these cases more straightforward to litigate. Defendants face higher risks due to the presumption of damage, emphasizing the importance of verifying facts and understanding jurisdictional variances in defamation law.
Slander Per Se Infographic
