Slander Vs. Libel: Understanding The Difference (2025)

What Is Libel and Slander?

The main difference between libel and slander is the mode by which the false information is conveyed.

What Is Libel?

Libel refers to defamation that occurs in the written form. It includes writing, pictures, print and all manner of digital communications, including blogs, websites and social media.

There are a few elements that the plaintiff must prove when it comes to libel. First, they must show that a false statement about them appeared in writing and that these statements were published so that third parties had access to them. The plaintiff also has to show that the defendant was at fault because of malice or negligence.

Vitally, the plaintiff has to show that they suffered injuries because of the defendant’s actions. These injuries could be economic loss, negative impact on their reputation, ridicule and even public hatred.

Libel examples include a person leaving a review of a restaurant falsely claiming the location was infested with cockroaches or someone writing on social media that another person is cheating on their spouse. Both of these would cause harm to the target, potentially resulting in economic and reputational losses.

One type of libel is libel per se. This refers to a statement that is so widely understood to be harmful that it carries a presumption of being defamatory. If someone falsely accused you of having committed a crime, for example, that’s libel per se.

It’s important to remember that libel is always considered in the context of the statement. The court would look at the entire statement, not just at the words you consider defamatory.

What Is Slander?

Slander refers to making a verbal statement about another party that is false and causes harm. As with libel, the statement has to be presented as fact, not as an opinion, and the statement has to be made to a third party.

In the past, slander was much more straightforward and typically involved someone making a harmful statement at a work meeting or in a town hall, but now the lines have blurred when it comes to slander vs. libel. Consider a false statement being made on a podcast. Would that be considered slander or libel?

In that example, the false statement is made orally, but it reaches third parties digitally. Whether it’s considered libel or slander will depend on where it occurs because states have their own laws regarding everything from text messages to social media posts when it comes to slander.

As with libel, there is also slander per se. This refers to an oral statement that is so damaging that it’s presumed to have caused losses. The plaintiff in a libel per se case will usually not have to demonstrate that they sustained injuries as a result of the libel.

Can you sue someone for slander? You can. Slander charges would apply if the plaintiff is able to prove that a false statement was made orally about them to third parties, that the defendant was at fault and that the plaintiff suffered losses.

Claiming Damages for Libel or Slander

Defamation is a civil tort, though not necessarily an intentional tort. A plaintiff can file a lawsuit against the defendant, but they can’t hold them criminally responsible in the majority of states.

A civil legal action allows you to recover damages to cover the losses you suffered. You can claim lost earnings from the reputational hit you suffered and loss of business or other economic opportunities. It’s also possible to claim medical expenses if you need to get therapy for the psychological trauma you’ve sustained.

Pain and suffering is another damage you can claim. These are non-economic losses that refer to the emotional distress you’ve experienced.

Start the Claim Process After Experiencing Defamation

If someone has made false statements about you, whether oral or written, you may be entitled to file a claim against them. It’s not a process you should go through on your own because of the complexities involved with proving slander or libel. The best step you can take is to hire seasoned lawyers who can guide you through this process.

At ConsumerShield, we can help you understand your rights and connect you with a lawyer in your area who can prepare a robust claim. Contact our team to find the trusted guidance you deserve.