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Defamation - Libel vs Slander

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Lawdit Solicitors - Expert Author

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14 August 2009

What is Libel?

Defamation is a tort which means that if a case goes to trial there will usually be a jury. Libel is one type of defamation. The main aspects of libel are as follows:

1. Libel is defamation in permanent form for example in newspapers, magazines and book.

2. Libel can also include words spoken in television, radio and threatre and words in emails.

3. Libel can also be a criminal offence, although it usually has to be extremely serious for this to happen.

A claimant in a libel action does not need to show that he has suffered any damage. If he does however he is more likely to suffer higher damages by the court.

What is Slander?

Slander is defamation that occurs by the spoken words or some other transitory form.

Unlike libel, slander usually requires proof of special damage (usually in the form of loss of money) before an action can be brought.

There are some circumstances whereby no special damages need be shown. These include allegations relating to:

1. A person professional ability

2. Unchasity

3. A criminal offence punishable by criminal imprisonment

4. A disease.

Jane Coyle is a trainee solicitor at Lawdit and can be contacted at jane.coyle@lawdit.co.uk


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2009-09-30 12:37:51 in Legal Articles

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