A foundational difference between slander and libel is that slander refers to verbal statements and libel to written statements. You may wonder why defamation is so important, given that everyone at some point tells lies. Defamation is a serious issue as it can affect the reputation of an individual or a business and leave permanent ramifications, which can affect their future livelihood. In order for the plaintiff to prove the defamation case, the lawyer must show the following: the accused intentionally, and with negligence, published false facts such that there was an injury or damage to the victim’s reputation. The communication must be to a third-party and be of a factual basis – a person’s opinion is not open to a defamation suit. Furthermore, the information published as facts must not have been privileged, otherwise the defendant can argue that privileged information cannot be included.
If the plaintiff’s case is proven, they can be awarded various damages. These damages can include damages to cover the plaintiff’s shame and reputation, work, or property, or be of a punitive nature such that the defendant who has committed slander or libel is punished by the judge.