Libel: Defamation in a fixed medium, such as written or published statements in newspapers, books, or online. Libel is considered more harmful due to its permanence and broader reach.

Slander: Defamation through spoken words or gestures, typically considered less damaging because it is transient.

Key Differences: Libel involves written statements and is presumed harmful, while slander involves spoken statements and often requires proof of actual harm or special damages.

False Statement: The statement must be factually incorrect.

Defamatory Statement: The statement must harm the plaintiff’s reputation.

Publication: The statement must be communicated to a third party.

Fault: The standard of fault varies; private individuals need to prove negligence, while public figures must prove actual malice.

Harm: The statement must cause actual injury to the plaintiff’s reputation or livelihood.

Truth: An absolute defense; if the statement is true, it is not defamatory.

Privilege: Protects certain statements made in specific contexts.

Absolute Privilege: Applies to statements made during legislative, judicial, or certain executive proceedings.

Qualified Privilege: Applies to statements made in good faith on matters of public interest or where there is a duty to communicate the information.

Opinion: Statements of opinion are not considered defamatory because they cannot be proven true or false.

Consent: If the plaintiff consented to the publication, they cannot claim defamation.

Statute of Limitations: Defamation claims must be filed within a specific period after the statement is made.

Public Figures:

Definition: Individuals who have achieved fame or notoriety or have injected themselves into public controversies.

Higher Burden of Proof: Must prove actual malice.

Rationale: Greater access to communication channels to counteract false statements and the public’s interest in open debate.

Private Individuals:

Definition: Those who have not sought out public attention or influence.

Lower Burden of Proof: Need only prove negligence.

Rationale: More vulnerable to reputational harm and limited access to public rebuttal.

Privileges:

Absolute Privilege: Protects statements made in specific contexts regardless of their truth or intent.

Qualified Privilege: Protects statements made in good faith on matters of public interest or where there is a duty to communicate the information.

Public Figure: A well-known celebrity must prove actual malice to win a defamation lawsuit against a tabloid.

Private Individual: A private school teacher needs to prove negligence to win a defamation case against a parent spreading false rumors.