Libel and Slander Lawsuits: Defamation Laws in California

Defamation laws in California prevent an individual from enduring hardship in their career due to the spread of false information. Libel and slander are defined as the spread of false information that carries the potential of serious harm to an individual’s professional reputation. This information leads people to believe the target has committed a particular crime or is exposed to excessive ridicule from the information spread. Though the spread of false information may cause an individual to become a social outcast, California state law intervenes when rumors harm their professional career. Because of this, the state of California defines slander and libel and the penalties for committing such crimes.

What is the difference between Libel and Slander?

Though distinct in fine print, slander and libel are similar on several grounds. Both defamation charges refer to the spread of fictitious or false information in a way or nature that harms the victim’s professional career. In both cases, slander and libel injure an individual’s career, professional reputation or negatively interfere with future professional opportunities. The difference is that slander is committed through less permanent forms of communication, and libel is committed through permanent forms of communication. For example, slander is commonly committed through the verbal spread of false information, and libel is committed through written publication. Thus, the permanent nature of libel, instead of the temporary nature of slander, causes it to have more severe penalties than the latter.

What Qualifies Libel and Slander?

Slander and libel lawsuits are successful for the victim if they can prove four elements in their case:

1. There is a publication of what is stated to be fact.
   • If the defendant has published an untrue statement of fact about the plaintiff, they are guilty of slander or libel, depending on the communication medium they used.
   • Libel and slander are different from an expression of opinion. If the plaintiff’s opinion is spread from another person, it is not a slanderous or libelous statement. The person who spreads the opinion second-hand may be responsible for libel or slander themselves.
2. The statement is false.
   • This is one of the essential components of an individual’s slander or libel case. The defense must prove that the statement is false rather than fact or opinion.
3. The statement was unprivileged and communicated to a third party.
   • The unprivileged aspect of a slander or libel case is where the victim must prove that the accused did not communicate the statement in question with any privilege. In other words, the defense must prove that the accused of defamation communicated the false statement recklessly, negligently, or intentionally. The following instances of communication are always privileged:
     • During judicial proceedings
     • To high government officials
     • Between legislators during legislative debates
     • During political broadcasts or speeches
     • Between spouses
   • Additionally, there are instances of communication where the discretion of the judge must determine its privilege:
     • In governmental proceedings or official proceedings
     • From lower government officials
     • During testimonies during legislative proceedings
     • To warn others of potential harm or danger
     • To an individual’s current employer, if the plaintiff is a former employee
     • In a book or film review
4. The statement caused serious or particular harm
   • This part of the burden of proof requires that the victim shows how the statement harmed their professional career, reputation, or opportunities. Harm to one’s career is commonly proven when the victim is denied a job, removed from a position, or fired altogether.

Examples of Slander

Slander is the spread of false and harmful information about an individual through speech. The following are examples of slanderous information that someone may spread about an individual:

• The individual has committed a tax fraud
• The individual is embezzling money
• The individual is addicted to drugs or alcohol
• The individual has stolen from their employer or workplace
• The individual has false information on their resume
• The individual is unable to work throughout their employment contract

Examples of Libel

Libel is the spread of false and harmful information through more permanent forms of communication, such as newspapers, magazines, pictures, or other print forms. The same examples of slanderous information apply to libel cases. The following are forms of communication that can contribute to a libel charge if the accused used them to spread false information about the victim:

• Social media posts, such as Twitter, Instagram, or Facebook
• Newspaper articles
• Magazine segments
• Misleading or altered pictures or videos
• E-Mail
• Text message

What are the Penalties for Libel and Slander?

A plaintiff may have to undergo three types of penalties if they are found guilty of either defamation charge. These three types of penalties vary in severity and parallel the severity of the slanderous or libelous crime they committed. Penalties are dealt with by paying one of the three following damages to the victim:

• General damages are paid if the victim experienced mortification, humiliation, or shame from the false statements
• Special damages are paid if the victim lost their job, a professional opportunity, or demotion to a lower-paying position. Special damages are a higher value than general damages.
• Punitive damages are paid if a jury or a superior court determines especially severe professional consequences of the slanderous or libelous statements occurred. In this case, it is up to the jury and superior court to decide how much money the plaintiff is liable for. Punitive damages are the most severe penalties resulting from a slander or libel charge.

Defenses Against Libel and Slander Charges

The most direct forms of rebutting a defamation charge are arguing against the criteria for slander or libel. Thus, the following are compelling counter-arguments to a slander or libel charge:

• The statement is an expression of opinion
  • This rebuttal is an attack against the argument that the statement was communicative of fact.
• The statement is true.
• The accused shared the statement through privileged forms of communication
• The statement did not cause explicit professional harm to the individual
• The accused did not spread the statement to a third party