Description of the legal term Slander:
Slander forms a part of the wider legal term ‘defamation,’ which encompasses the communication of a false statement that harms the reputation of an individual, business, product, group, government, religion, or nation. Under British law, defamation is typically categorized into two forms: libel and slander. Where libel concerns the publication of defamatory material in permanent forms such as written words or broadcasting, slander refers specifically to the transient, often spoken, but potentially also gestural, publication of defamatory material.
In the context of English law, slander is thus defamation through transient forms of communication, primarily spoken words. It differs from libel in that it requires the plaintiff to prove special damage as a result of the defamation unless the slander falls into certain actionable per se categories. These categories include allegations that impute a criminal offense punishable by imprisonment, suggest a contagious or infectious disease that could ostracize someone from society, impute unchastity or adultery, or reflects on one’s profession or business.
The challenge in cases of slander lies in the burden of proof, with the plaintiff responsible for demonstrating that the spoken words not only were heard by a third party but also caused actual damage—except in actionable per se cases. Mere insult or offensive speech does not typically constitute slander; there must be a false statement of fact that discredits the claimant’s reputation. The defense against slander includes truth, honest opinion, and privilege (either absolute or qualified).
It is important to mention that since 2013 and the enactment of the Defamation Act 2013, the test for harm in the UK is more stringent. To succeed in a claim for slander, it must be shown that the statement has caused or is likely to cause serious harm to the reputation of the person or entity it concerns.
Legal context in which the term Slander may be used:
Let us turn now to a contextualized scenario that illustrates how slander might play out in a real-world situation. Imagine a local business owner, Sarah, who discovers that a competitor, John, has falsely told several mutual clients at a conference that her business is insolvent and unable to meet its financial obligations. This statement is untrue; Sarah’s business is financially stable and in good standing. However, the rumor spreads quickly and as a result, several clients withdraw their business, causing Sarah financial loss.
Sarah decides to take legal action against John, claiming that his statements amount to slander. She argues that the spoken comments have caused her financial harm, as evidenced by the loss of clients directly after the conference. In this case, she would need to demonstrate the link between the statement and her losses. The onus would also be on her to prove that John had no factual basis for his statement and that it was indeed false.
Additionally, consider a doctor, Alex, who is accused by a patient, during a local community meeting, of being incompetent and causing intentional harm during medical procedures. The patient’s claims are baseless and motivated by personal animosity. The allegations circulate within the community, leading to a decrease in Alex’s patients and severe damage to his professional reputation.
Alex may file a lawsuit for slander, claiming that the patient’s words were defamatory, false, and caused him tangible harm. In court, Alex must present evidence of the spoken words, the falseness of the statements, and the harm he suffered as a consequence. With his professional integrity at stake, Alex’s case exemplifies the potential gravity of such accusations and the importance of legal recourse for victims of defamation.
Understanding and navigating the intricacies of defamation, particularly slander, is critical for individuals and businesses in the UK. The stringent requirements imposed by the law on claimants to prove their case, and the potential defenses available to those accused, serve to balance the protection of reputation with the fundamental right to free expression. These legal principles illustrate the care with which British law approaches the delicate balance between the dignity of the individual and the free flow of information and opinions in a democratic society.