Let’s get a few things clear about the terms “slander” vs. “libel”. Know the difference, so you can not only learn something but you can actually keep yourself from looking completely uneducated on social media.

Internet Troll: See the internet troll? The internet troll is ugly, the internet troll looks silly, the internet troll types stupid phrases. Don’t be like the internet troll, it’s not a good reflection to see.

It has become more than clear half of the trolls on the internet who like to bully and intimidate you have absolutely no clue what the true definition of “slander” or “libel”. So, let’s help clear that up for them, so the next time they wish to throw those terms around online you can spot those nasty trolls and make them go crawl back under the bridge where they came from.

Slander and Libel are defined as 2 types of “defamation”, Didn’t know that did you?

Following up from last article on social media drama, I lightly touched on this subject. Without going into too much detail, because it wasn’t the subject of the blog, slander and libel are 2 types of “defamation of character” claims people can make in a civil lawsuit when they feel someone has done irreparable harm to one’s character. When someone online gets offended their go to phrase is usually “you just slandered and defamed my character”. This phrase is ridiculous because you can’t “slander” anyone on an online forum. This is how you know they are just trying to throw those words around to intimidate you. Want to know why? Well here we go….

This is why you can’t slander anyone online

I mentioned there were 2 forms of “defamation” one of them being “slander” the other being “libel”. You cannot slander anyone online because by definition slander is spoken words meant to defame one’s character, where as libel is written words meaning to do the same. Shocking to learn right? Well now the other thing is before you decide to go running around using your new word “libel” online to make everyone think you know what you’re talking about, you need to understand how to correctly identify when someone is actually guilty of “libel” online.

slander. (noun) – untruthful spoken attack on someone’s reputation. It is also important to note you can’t ‘slander & defame someone’. However you can defame someone by slandering them.

BUT FIRST WE LEARN ABOUT SLANDER

You have to learn how to correctly identify when someone slanders you. This can be done quite easily when speaking about someone to someone else. Here’s how:
– First, you MUST be physically speaking to someone else other than the party you are talking about in person, on the phone or over a video feed.
– Second, slander is a VERBAL or ORAL statement that IS NOT true about a 3rd party that is meant to harm their character in such a way that makes others think badly about them. It is also a statement that can be proven false. That’s why you see in the news media them using the word “allegedly” . The news gets their information from a person or persons who may be bias and there isn’t proof of the claim. You can use the word allegedly like the news media to cover yourself when talking about someone or passing along information from another party because you have no actual hard proof. So now you know.
– Third, it can be witnessed by over hearing, video or voice recording.

Slander: Spoken words to another person or group of people

Now let’s look at some examples of “slander”
Keep in mind this is when someone is talking to someone else
NOT ONLINE or via text message.

– Example 1: Someone, verbally to another person or persons, makes the statement “This person (meaning using their name) is a drug dealer”
* What makes this statement false: If there is no actual proof of them being a drug dealer then this is a slanderous statement meaning to defame the character and integrity of the person of whom this statement was directed towards. You could change the wording of the statement by saying “This person allegedly is a drug dealer based on them being arrested for it”. Since they have not been convicted of it or there is no actual proof you or the media saying “allegedly” is perfectly fine.
* What would make this statement true: If you could absolutely prove this person has sold drugs, been arrested and convicted of drug dealing. Keep in mind just because someone is arrested for it doesn’t make it true until they have been convicted of it.
– Example 2: Using a different kind of statement: A person calls, over the phone, another person and says the phrases: “This person doesn’t take showers”,”they do not keep their house clean”, “they are also a douche bag”.
-* The caller’s intention was to make the recipient of the call believe the person of whom they were speaking about was an awful, physically nasty person, therefore demeaning that person’s character.
* What would make this caller’s verbal statement true is if the caller could prove the person didn’t take showers, their house wasn’t clean and they were in fact a douche bag.
* What would make this caller’s verbal statement false is if the person being spoken about could in fact prove the opposite.
-* It is important to note in a court setting it is up to the defendant to prove they didn’t slander the other person by proving their statements to be true. It is the job of the plaintiff to provide witness or witness statements that the statement and/or phone call took place.

IN ORDER TO PROVE SLANDER YOU MUST HAVE THE FOLLOWING:

  • A written statement of the happenings by a party or parties who were there when the person accused of slander was doing the slandering (if that makes any sense)
  • A video or voice recording of the person saying the slanderous statement
  • Or a witness or witnesses show up to testify to hearing the slanderous statement.

Then there are those who will make the statement, “you slandered and defamed my character”. This should ring the bells to you this person has no clue what in the world they are talking about. In this situation you just walk away or if it’s online you just remove yourself from their rant. Like I stated before slander is one of 2 types of defamation. So to correct this very ill educated statement what it should say is, “you defamed my character by that slanderous statement”.

Now it’s cleared up what “Slander” actually is we will move along to “Libel”

Libel: as it pertains to social media, news articles, written blog posts, news paper article & other forms of written communication

Libel by definition is any written statement that is false that is meant to defame someone’s character or ruin their reputation. This is why you cannot “slander” anyone online.

Wait, isn’t the media constantly gulity of libel?

Surprisingly, no the media is careful about it by using the words “allegedly” and gathering several sources which state similar things. The media, in written articles, are careful to say “several sources allege” (citing or not citing those sources) just to ensure should the “source’s” facts turn out to be untrue the media who published it will not be open to a libel lawsuit.

Sources of media where “libel” is possible include:

  • News Media online articles from ANY news outlet
  • Newspapers and online newspaper articles
  • Magazines
  • Any and all social media: ex. Facebook, Instagram, Reddit, Snapchat, dating sites etc
  • Blogs
It is important to note here: Public Figures are less protected than the average, everyday person

TRUTH IS ALWAYS A DEFENSE TO ANY “LIBEL” CLAIM

In everyday life people tend to get carried away on social media and play the part of a “keyboard hero” or “keyboard bully”. They will straight up type anything and everything against a person of whom they have “beef” with. Not only is this childish but if done to the wrong person the keyboard bully or “internet troll” will find themselves getting served with a big fat lawsuit.

Blogs tend to be subject to “libel” a lot now

Personal Blogs tend to be subject to “libel” lawsuit threats

Much like this forum because blogs are now made easily accessible through social media, it is easy to set up one and share what is going on in one’s personal life. Easily enough when the person behind the blog has something happen to them and they begin to blog about it and along come the nosy little internet trolls here comes the use of the phrase this person made “defamatory statements” against me for the world to see.
Personally, as someone who has a blog (you’re reading it) I am very careful as to know what to publish. Some of my blogs are written like news articles however I don’t use the words “allegedly”. Why, you ask? Because “truth is an absolute defense”. Most of what you will find here uses an organization’s name. The organization’s name could have very well been used if the media picked up on the story like other organizations that have done similar things have.
In the instances where I have named the organization or been more specific, I have also included proof the events which have happened and the correlating evidences to support what is stated. What I didn’t do is use defamatory words such calling them names to which would be defamation.
What I mean by the last statement is I told the truth in accordance with the events that took place and in which case proof can be furnished as to back the events. So while yes, the blog is out there for the world to see should it ever come under fire truth will be the defense. Also, any “libel” claims made against it won’t have any clout because there was “no name calling”.

WHAT DOES THE COURT LOOK FOR?

In most cases courts look for absolutely harmful, untrue written statements that are meant to defame someone and hurt their reputation.
* FOR EXAMPLE: If I were to comment on someone’s Facebook post calling them a “douche”, “idiot” or “dirty human being” then proceed to my blog saying said person was “idiot”, “a ______ (insert cuss word here), or the “biggest douche bag I have ever saw” using that person’s name/picture or video. Then that person furnishes a copy of the blog to a lawyer or as proof of “libel” defamation in a civil lawsuit, it would be up to me to furnish proof that the plaintiff was in fact a “douche”, an “idiot” and a “dirty human being”. It would be safe to say I couldn’t provide any proof to back those statements.
* However, if I blog about a series of events which took place explaining what an individual or group of people did and can in fact prove those series of events happened, it is not a defamatory nor subject as “libel”. It is me explaining what happened based on some personal encounter or circumstance. See the difference?

Are things a little bit more clear?

Now that you know the difference

The next time someone says, “you’ve just slandered me online”. Just leave them be and move along. Besides, if we all acted like adults there would be no reason to even have to explain these types of things.

My Flocking Life Disclaimer:
  • This blog is not written by a legal professional. The opinions and outlooks are from the personal experiences of the My Flocking Life Author. It is always best to seek the advice of a legal professional should you have questions pertaining to the issues mentioned in this blog.