Civil Causes of Action - Libel: Key Elements and Legal Insights

Definition & meaning

Libel refers to a type of defamation that occurs when false information is published in a permanent form, such as in print or online. To qualify as libel, the material must:

  • Be defamatory, meaning it harms the reputation of an individual or entity.
  • Concern a specific person or entity who can be identified by others.
  • Be distributed to a third party, meaning it is shared or published beyond just the person being defamed.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Example 1: A newspaper publishes an article falsely claiming that a local business owner has committed fraud. This could be considered libel, as it harms the owner's reputation and is published to the public.

Example 2: A blog post accuses a public figure of being involved in illegal activities without any evidence. If the claims are false and damage the figure's reputation, this may also constitute libel.

State-by-state differences

Examples of state differences (not exhaustive):

State Key Differences
California Higher burden of proof for public figures to prove actual malice.
New York Strict liability for false statements about private individuals.
Texas Requires proof of damages for certain types of claims.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Libel Defamation in a written or published form. Involves permanent forms of communication.
Slander Defamation in a spoken form. Involves temporary statements made verbally.

What to do if this term applies to you

If you believe you have been a victim of libel, consider the following steps:

  • Document the defamatory statement and its publication.
  • Consult with a legal professional to evaluate your case.
  • Explore US Legal Forms for templates to file a libel claim or response.

Legal matters can be complex, so professional help may be necessary.

Quick facts

  • Typical damages can vary widely based on the case.
  • Jurisdiction typically falls under state law.
  • Possible penalties may include monetary compensation for damages.

Key takeaways

FAQs

Libel refers to written or published defamation, while slander pertains to spoken defamation.