Slander Versus Libel
Defamation divides into libel, meaning defamation in written or otherwise fixed form, and slander, meaning spoken defamation. Both require a false statement of fact about an identifiable person communicated to a third party.
The practical difference is proof of harm. Libel is generally presumed to cause damage because it is preserved and can circulate. Slander is transient, so most jurisdictions require the claimant to prove actual financial loss.
Special damages means specific financial loss
For most slander claims you must show concrete economic harm such as a lost job, a cancelled contract or lost customers, and connect it to the statement. Distress and reputational damage alone are usually insufficient without that.
Slander Per Se
Certain categories are treated as so obviously damaging that harm is presumed, removing the need to prove financial loss. These traditionally cover allegations of serious criminal conduct, of a loathsome or contagious disease, of conduct incompatible with a person business or profession, and of serious sexual misconduct.
The categories vary somewhat between states, and the professional conduct category is the most commonly used, since a false statement that someone is incompetent or dishonest in their trade falls within it.
Where a statement is not per se, the claim depends entirely on establishing and quantifying financial consequence, which is why many otherwise valid slander claims are not economically worth bringing.
Evidence and Practical Steps
The central difficulty is proving what was said, since spoken words leave no record. Contemporaneous notes, witnesses who heard the statement and any recording lawful in your state are what establish it.
Recording law varies. Around a dozen states require all parties to consent to recording a conversation, so recording without consent in those jurisdictions can itself be unlawful and the recording may be inadmissible.
Check your state recording law before recording anyone
In all-party consent states, recording a conversation without everyone agreeing can be a criminal offence as well as making the recording unusable. Confirm the rule in your state before attempting to gather evidence this way.
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Slander Claims: Spoken Defamation, Proving Harm and Slander Per Se: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What is the difference between slander and libel?
Slander is spoken defamation and libel is written or otherwise fixed. Libel generally presumes damage, while slander usually requires proof of financial loss.
What are special damages?
Specific economic harm such as a lost job, cancelled contract or lost customers, connected to the statement. Distress alone is usually insufficient.
What is slander per se?
Categories where harm is presumed, traditionally allegations of serious crime, a loathsome disease, conduct incompatible with a profession, or serious sexual misconduct.
How do I prove what was said?
Contemporaneous notes, witnesses who heard the statement, and any recording that is lawful in your state.
Can I record the conversation?
It depends. Around a dozen states require all parties to consent, and recording without consent there can be criminal and the recording inadmissible.
Legal Disclaimer
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Case status, eligibility criteria, and any amounts described are as reported at the date shown and may change. Consult a licensed attorney in your jurisdiction about your own situation.