How do defamation, libel, and slander differ under NY law?

On Behalf of | Jan 15, 2025 | Defamation |

Defamation laws in New York exist to protect individuals and businesses from false statements that damage their reputation. However, terms like defamation, libel, and slander are often misunderstood or used interchangeably. While all three involve harm to someone’s reputation, they have distinct legal definitions and requirements.

Defining defamation under New York law

Defamation is a broad term that covers any false statement made about another person or entity that causes harm to their reputation. To bring a defamation claim, the plaintiff must prove the statement was false, published to a third party, and caused measurable harm. In New York, public figures also need to show actual malice, meaning the speaker knew the statement was false or acted with reckless disregard for the truth.

Understanding libel

Libel refers to defamatory statements that are written, printed, or otherwise recorded in a permanent form. Examples include false claims published in newspapers, blogs, or social media posts. Since libel involves a lasting medium, it can cause more enduring damage to a person’s reputation, often leading to higher damages in court.

What makes slander different?

Slander, on the other hand, involves spoken statements that harm someone’s reputation. These statements are typically made in casual conversation or public speeches. Unlike libel, slander is not preserved in a permanent form, which can make it harder to prove. In New York, slander cases often require proof of actual damages unless the statement involves serious accusations, such as alleging criminal activity or professional misconduct.

Knowing the differences between defamation, libel, and slander is important when considering legal action. Each type of defamation has unique challenges in proving the claim, and the medium of the statement plays a significant role in determining how the case proceeds in New York courts. Understanding these distinctions can help individuals protect their reputations and seek justice when needed.