Srexley: It is my understanding that it is not illegal per se to slander or libel anyone. Emphasis on the word "illegal." Someone can be slandered or libeled, regardless of whether he or she is a public figure or "private citizen." If I speak out against you and you feel you have been slandered or libeled, then you sue in civil court and have a judge or jury determine whether your reputation has been damaged. If so, you can collect damages from me. If one is a public figure, however, then the courts require a much tougher standard to prove slander or libel, as opposed to a "private citizen." If I say or publish an untrue statement vs. a public figure, that alone is not enough to win a slander or libel verdict. The plaintiff also must prove that whoever uttered the words did so knowing that the statement was false, and also prove a reckless disregard for the truth. I believe that in order for a "private citizen" to collect damages, that person does not have to prove a reckless disregard for the truth, only that the statement was false and that his or her reputation was injured.
Perhaps some of the lawyers on the board can correct me if I am wrong or oversimplifying, but I believe this is the rough-version litmus test regarding slander and libel.
Where I'm a little confused is that I believe Oscar Wilde a century ago actually spent time in jail for slander or libel. So maybe it is a criminal offense in England. Do not know for sure.
In some states, if I sue a radio station or newspaper for libel or slander and lose, I then am required to pay all legal costs ... for both sides. |
