What is the difference between libel and slander in terms of elements?

In Idaho, libel and slander are both forms of defamation. The main difference between libel and slander lies in the way in which the wrongdoer expresses their communication. Libel is a communication that is published in a permanent form, such as a newspaper, magazine, or website, whereas slander is a communication that is spoken by and heard by others. In both cases, the communication must contain a false statement of fact that causes harm to another person’s reputation. The person whose reputation was harmed must be able to prove that the statement is false and that they suffered damage as a result of the false statement. To make a successful libel or slander claim in Idaho, the person whose reputation was harmed must be able to prove certain elements. Those elements include (1) a false statement of fact was made; (2) the statement was published or spoken to a third-party; (3) the false statement caused harm to the plaintiff’s reputation; and (4) the plaintiff suffered damages as a result. It is also important to note that truth is an absolute defense to a defamation suit. If the statement can be proven to be true, then the defendant cannot be held liable for damages. This makes it important for the person bringing the defamation suit to be sure that the statement is false before they take legal action.

Related FAQs

How do you determine the difference between a “public concern” and a “private concern” in a defamation lawsuit?
What is the difference between libel and slander in terms of elements?
Is there a limit to the amount of punitive damages a person can receive in a defamation suit?
Is an employer held liable for defamatory statements made by an independent contractor?
How does a person prove that the defendant was negligent in publishing false and defamatory statements?
Is a person required to sue for defamation in the state where the statement was made?
Are threats considered defamation?
What is considered a “public harm” that can give rise to a defamation claim?
Is defamation a criminal offense?
What is defamation law?

What is the difference between libel and slander in terms of elements?

Related FAQs

Related Blog Posts