Libel: Written and Published Defamation
Libel is the more commonly encountered form of defamation in modern practice. Any false statement published in a permanent form — a newspaper article, social media post, blog comment, email to multiple recipients, or television broadcast — may constitute libel if it causes serious harm to the claimant's reputation.
The rise of digital communications means that most defamation cases today involve libel rather than slander. Online publications are treated as permanent forms, and each new access to the content can raise questions about ongoing publication and limitation periods.
Slander: Spoken Defamation
Slander claims are less common but remain important. Spoken defamation — for example, false statements made in a meeting, over the telephone, or in a public speech — can be actionable, though the legal requirements are generally stricter.
In most slander cases, the claimant must prove 'special damage' — actual financial loss caused by the statement. However, there are exceptions where slander is actionable without proof of special damage, including allegations of criminal conduct, statements imputing a contagious disease, and statements calculated to disparage the claimant in their office, profession, or trade.
Building a Strong Case
Whether you are pursuing a libel or slander claim, the evidence is critical. For libel, preserving the publication is essential — screenshots, archived web pages, and witness statements establishing the extent of readership. For slander, contemporaneous notes, recordings (where lawfully obtained), and witness testimony are vital.
We work with clients to gather and preserve evidence systematically, ensuring the strongest possible foundation for the claim. We also advise on the realistic prospects of success, enabling informed decisions about whether to proceed.
Remedies Available
Successful claimants in libel and slander cases can obtain damages (compensatory, aggravated, and in rare cases exemplary), injunctions preventing further publication, published corrections and apologies, and an order for costs. The appropriate remedy depends on the claimant's objectives — some prioritise public vindication, others seek financial compensation.
In many cases, a well-crafted pre-action letter achieves the desired outcome without the need for court proceedings.