In law, defamation—also called calumny, vilification, slander (for spoken words), and libel (for written or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image.
A defamatory statement is a statement calculated to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business, profession, calling or office, or to cause him to be shunned or avoided in society.
Winning a defamation of character lawsuit can pay off in two types of compensation: general damages and special damages. General damages covers emotional trauma while special damages covers economic loss. In the case of a slander lawsuit proof of specific special damages might be required before general damages can be awarded. Unfortunately, special damages can be hard to prove.
Forms of Defamation
SLANDER
Slander is the spoken or transitory form of defamation of character, a legal term that refers to a falsehood presented as true which could harm the reputation of a person or entity. Slander also encompasses body gestures as in the case of sign language. If defamation of character is placed in a fixed form, as in the case of a sign, published paper, film or recording, it is considered libel. In short, slander is temporarily uttered or gesticulated, libel is published or otherwise fixed.
Slander is a tort, or civil law, meaning a civil lawsuit can be brought against someone who is accused of slander. In the United States certain facts must be established for someone to be found guilty of slander. Assuming there is proof that the defendant uttered the alleged statement, the statement must be overheard by someone other than the subject or other “privileged” parties. Slander must also clearly identify the party or entity, and the intent must be