What is the difference between libel and slander in terms of elements?
In Texas, the differences between libel and slander are determined by the elements that make up each tort. Libel is a written or published false statement that damages a person’s reputation. Examples of libel include written blog posts, print publications, or other forms of permanent record. To prove libel, the plaintiff must show that the statement was false, that the defendant was responsible for the statement, and that there were damages to the plaintiff’s reputation caused by the statement. On the other hand, slander is a spoken false statement that damages a person’s reputation. Examples of slander include oral statements, spoken radio broadcasts, and verbal insults. To prove slander, the plaintiff must show that the statement was false, that the defendant was responsible for the statement, and that there were damages to the plaintiff’s reputation caused by the statement. In terms of elements, the main difference between libel and slander is that libel requires the statement to be published or written down, while slander must be spoken. In addition, in Texas, if a plaintiff brings a claim for libel and the defendant is able to show that the statement was true, the plaintiff’s claim will be dismissed. However, a plaintiff bringing a claim for slander can still succeed, even if the defendant is able to demonstrate that the statement was true.
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