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Libel Laws: Everything You Need To Know In 2024
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Updated: Apr 3, 2023, 5:08am
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Table of Contents
- What Are Libel Laws?
- What Do You Have to Prove to Recover Compensation Under Libel Laws?
- Defenses to Libel
- Compensation for Libel
- Getting Legal Help With a Libel Claim
- Frequently Asked Questions (FAQs)
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Libel laws allow you to pursue a claim for compensation if you are the victim of written defamation. If someone makes a false statement of fact about you that harms your reputation, you may be able to make a libel claim.
This guide to libel laws explains everything you need to know about how the law works, what you need to prove and what compensation is available if you are the victim of this tort.
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What Are Libel Laws?
Libel laws are tort laws that give you the right to pursue a civil lawsuit when someone harms you by defaming you.
Libel is one of two types of defamation. It occurs when someone harms your reputation by making a false statement of fact without taking adequate steps to verify its truth. Slander is the other type of defamation. Libel is written defamation, while slander is oral defamation.
In a minority of states, there are also criminal laws against defamation. If you live in one of them and someone commits libel against you, it is possible they could be prosecuted by the state. This would be an entirely separate legal proceeding from a civil lawsuit that you can file to recover compensation for damages caused by libel.
What Do You Have to Prove to Recover Compensation Under Libel Laws?
If you wish to make a claim to recover compensation under libel laws, you must prove certain elements of defamation. In particular, you must demonstrate the following.
A False Statement of Fact Was Made in Written Form
Defamation involves a false statement of fact that is presented as true. Neither parody nor statements of opinion can give rise to a libel claim. And true statements also are not libelous because they are true.
Since libel is written defamation, you must demonstrate the false statement was made in writing.
This does not necessarily mean it must have been published in a newspaper or a book. If it was made in a blog post, on social media or even in a text message or a podcast that is transcribed, the false statement could give rise to a libel claim as long as the statement was made to a third party and you were harmed by it.
The Defendant Was Negligent or Acted With Actual Malice
There are different libel laws for private versus public individuals when it comes to libel.
If you are a private person, then you can make a libel claim if you show that the defendant was negligent in determining the truth of the false statement that was made about you. But if you are a public figure, then you can make a claim only if you prove actual malice.
Actual malice means the defendant either made the false statement knowing that it was untrue or acted with reckless disregard for the truth. That’s more than just simply being negligent. The defendant must have had good reason to question the truth of the statement but made the statement anyway.
In some cases, private figures can become limited purpose public figures. This could happen, for example, if you become involved in a public controversy or take a public position on important issues. If you are a limited-purpose public figure, then the actual malice standard applies to statements made about you in the capacity in which you have made yourself known.
You Were Damaged as a Result of the Libel
The false statement must have also caused some type of damage or reputational harm that had consequences for you.
In some cases, you may be able to show a statement was defamatory and damaging just by the nature of the statement itself. For example, if a false statement asserts you committed a crime of moral turpitude or that you have a loathsome disease, this is considered defamatory by default and you do not have to separately show you were harmed by the statement—although you will still want to present evidence demonstrating the extent of loss to ensure you’re adequately compensated.
Defenses to Libel
If you successfully prove your case, a defendant can still argue that the statement was privileged, which means it is afforded special protections and cannot be grounds for a libel claim under libel laws.
An example of a privileged statement is one made under oath when testifying in court. Privileged statements are given special protections because there are certain circumstances where it’s vital people feel they can speak freely.
A defendant could also argue that an allegedly libelous statement was an opinion, parody or true statement. If the court believes these defenses, you may be unable to recover damages.
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Compensation for Libel
If you successfully prove your libel claim, you can be compensated for losses you endured including:
- loss of income and future earning potential,
- medical bills if you had to seek treatment due to the incident,
- pain and suffering,
- emotional distress endured due to the defamation against you.
Getting Legal Help With a Libel Claim
A libel claim is challenging because it can be difficult to prove the defendant acted negligently or with actual malice. It can also be complicated to prove the extent of loss resulting from the defamation. A libel lawyer helps you to make your case and maximizes the chances you get the full amount of compensation you deserve.
Frequently Asked Questions (FAQs)
What is an example of libel?
Is libel a crime in the U.S.?
Is it worth suing for libel?
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Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.