Cecily Zamora
Slander is a complex area of law, and it is considered a civil wrong in England and Wales. While it is not a criminal offence, those who commit slander can be held liable for their actions and may have to pay compensation to the victim. Libel and slander laws have evolved over the years, with the common law crimes of criminal libel and seditious libel abolished by the Coroners and Justice Act 2009. The digital media revolution has also led to an increase in social media defamation cases, with individuals and companies seeking legal action to protect their reputations. The law of defamation aims to protect the reputation of individuals and companies, allowing them to take robust action against those who make untrue and damaging statements.
| Characteristics | Values |
|---|---|
| Is slander a criminal offence? | In England and Wales, slander is not a criminal offence. |
| Is slander a civil wrong? | Yes, a slanderer will be held liable for their actions, and the victim will have the right to take legal action against them and gain compensation for any losses. |
| What is the time limit for filing a claim? | One year from the date of publication. |
| What constitutes slander? | The slander is presented as fact, not opinion. For example, "they are racist" instead of "I think they are racist". |
| What is the burden of proof? | There is generally a burden to prove damage done to reputation in slander cases. However, in some specific circumstances, there is no need to prove that damage was caused by a slander, this is called "slander actionable per se". |
| What is the defence against slander? | Common law qualified privilege covers statements made where there is a reciprocal relationship of duty, including a social or moral duty, and interest between the speaker and listener. |
| What constitutes defamation? | A statement that lowers the claimant in the eyes of right-thinking members of society or adversely affects the attitude of other people towards the claimant. |
| What is the law on defamation? | The law of defamation aims to protect the reputation of both individuals and companies. |
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What You'll Learn
- Slander is a civil wrong in England and Wales, not a criminal offence
- Libel and slander are both covered by the term defamation
- Defamation law in the UK aims to protect an individual or company's reputation
- A slander case requires proof of special damage, meaning financial loss
- Slander is transient publication, e.g. speech, gestures or conduct
Slander is a civil wrong in England and Wales, not a criminal offence
Slander is a complex area of law, and while it is not a criminal offence in England and Wales, it is considered a civil wrong. This means that a slanderer can be held liable for their actions, and the victim has the right to take legal action and gain compensation for any losses.
The history of defamation law in England is somewhat obscure, with civil actions for damages dating back to the Statute of Gloucester in the reign of Edward I (1272-1307). The crime of 'scandalum magnatum', or insulting the peers of the realm through slander or libel, was established by the Statute of Westminster in 1275. The law of libel emerged during the reign of James I (1603-1625) under Attorney General Edward Coke, who initiated a series of libel prosecutions. James I's outlawing of duelling has been linked to the strict English defamation law.
In the context of modern libel and slander laws, it is important to note that English defamation law has influenced the legislation in many other countries. Libel refers to the publication of a statement in a permanent form, such as in writing, broadcasts, or stage productions. On the other hand, slander involves the transient publication of a statement, typically through speech, gestures, or conduct.
To claim slander, there must be proof of special damage, indicating financial loss, unless the allegation falls into specific categories. These categories include imputations that the claimant has committed a criminal offence punishable by imprisonment or situations where the words disparage the claimant in their profession, trade, or business. The Defamation Act of 2013 introduced new requirements, such as demonstrating serious harm to the claimant's reputation and replacing common-law defences with new statutory defences.
It is worth noting that slander cases can be complex, and seeking professional legal support is advisable to avoid costly mistakes.
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Libel and slander are both covered by the term defamation
Libel and slander are both types of defamation. Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. In the case of slander, the statement is spoken orally, whereas libel is a written or published defamatory statement.
The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke, who initiated a series of libel prosecutions. The first instance of criminal libel is generally agreed to be the De Libellis Famosis case, tried in the Star Chamber in the reign of James I by Edward Coke. It was held that libel against a private person could be considered a crime if it could provoke revenge that would threaten a breach of the peace. Libel against the monarch or government could be illegal, even if true, because "it concerns not only the breach of the peace, but also the scandal of the government".
In England and Wales, slander is not a criminal offence but a civil wrong. Therefore, a slanderer will be held liable for their actions, and the victim will have the right to take legal action against them and gain compensation for any losses. However, there is a time limit to bringing a claim—one year from the date of the slander.
In libel cases, there is no burden to prove damage done to reputation, but there generally is in slander cases. In some specific circumstances, there is no need to prove that damage was caused by slander; this is called 'slander actionable per se'.
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Defamation law in the UK aims to protect an individual or company's reputation
The history of defamation law in England dates back to the Statute of Gloucester during the reign of Edward I (1272-1307). The law of libel emerged under Attorney General Edward Coke during the reign of James I (1603-1625), who initiated a series of libel prosecutions. James I's outlawing of duelling is often cited as the reason for the strict English defamation laws.
Over the years, there have been various notable cases that have shaped English defamation law. The De Libellis Famosis case, tried during the reign of James I, established the crime of scandalum magnatum (insulting the peers of the realm through slander or libel). The Libel Act of 1843 enacted several codifications of defamation law, including the offer of an apology and the claim of lack of malice as mitigating evidence.
In recent times, the UK has seen an increase in defamation litigation, particularly in cases of sexual slander, with more women pursuing litigation to defend their sexual reputation. The development of the internet and social media has also impacted defamation law, as seen in the 2006 case of Keith-Smith v Williams, which confirmed that online discussions are public enough for libel to take place.
While defamation law aims to protect reputations, it has also faced criticism for hindering reporting on matters of public interest and allowing "libel tourism". The high burden of legal proof required to report on potential abuses of power has resulted in a prevalence of "open secrets" in British public life. Additionally, England's libel laws are being used against reporting in foreign countries, impacting journalism and free speech.
In conclusion, defamation law in the UK provides a framework to protect individuals and companies from libel and slander, seeking to safeguard their reputations from serious harm. However, it is essential to balance this protection with the need for transparency and accountability in matters of public interest.
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A slander case requires proof of special damage, meaning financial loss
Slander laws in many countries are originally descended from English defamation law. In England and Wales, slander is not a criminal offence but a civil wrong. This means that a slanderer will be held liable for their actions, and the victim will have the right to take legal action against them and gain compensation for any losses.
To prove damages in a defamation case, one must show financial and personal damage caused by the defamer's wrongdoing. These damages are called "special damages". They refer to quantifiable economic losses caused by false and defamatory statements. These can include a decline in revenue, a decrease in customers, a lost job or contract, or costs incurred in mitigating the effects of the defamatory statements, such as reputation management or increased marketing campaigns.
To prove special damages, it is important to collect as much evidence as possible. This includes screenshotting defamatory comments or posts, preserving comments or reactions to those statements, and collecting and maintaining all medical records relating to any emotional distress that has been endured. Additionally, it is important to provide records such as profit and loss statements, tax returns, and other financial statements that can demonstrate a calculable loss. An expert witness, such as a forensic accountant, can also be used to prove financial loss.
In some specific circumstances, there is no need to prove that damage was caused by slander, and this is called "slander actionable per se".
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Slander is transient publication, e.g. speech, gestures or conduct
Slander laws in the UK are complex and have a long history. In England and Wales, slander is not a criminal offence, but it is a civil wrong. This means that a slanderer can be held liable for their actions, and the victim has the right to take legal action and gain compensation for any losses.
Slander typically refers to spoken statements or transient, temporary forms of publication such as chat room forums or gestures and conduct. Libel, on the other hand, usually takes the form of written communications, including print publications, online material, and permanent or lasting mediums like TV and radio broadcasts.
To make a claim for slander in the UK, the following criteria must be met:
- The slander is presented as fact, not opinion.
- The untrue statement is made through a third party, such as in an interview on live television.
- The claimant can prove they have suffered 'special damage', meaning financial loss, unless the allegation falls under specific categories, such as imputing a criminal offence punishable by imprisonment or disparaging the claimant in their profession.
The Defamation Act 1996 and the Defamation Act 1952 remain partly in force, and the 2013 Defamation Act, which came into force in 2014, introduced new requirements for claimants and broadened the scope of interpretation.
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Frequently asked questions
Slander is not a criminal offence in England and Wales, but it is a civil wrong. This means that a slanderer will be held liable for their actions, and the victim has the right to take legal action and gain compensation for any losses.
Libel refers to the publication of a statement in permanent form, such as in writing, or via broadcasts or stage productions. Slander refers to the transient publication of a statement, usually by way of speech, but also including gestures or conduct.
Slander is a complex area of law. To constitute slander, the statement must be presented as fact, and made through a third party. The victim must also prove special damage, meaning financial loss, unless the allegation falls within two categories: an imputation that the victim has committed a criminal offence punishable by imprisonment, or where the words are calculated to disparage the victim in their profession.
If you feel you are a victim of slander, you must act quickly. In the UK, you have one year from the date of the slander to make a claim. You should seek legal advice, as slander is a complex area of law and costly mistakes can be made.
