What is the difference between slander and libel?
The difference between slander and libel lies in how the offensive material is distributed. Slander is defined as any defamatory statement made orally, while libel is defined as any statement made in a fixed, permanent form. Examples of slander might be an oral statement made during a speech or a verbal accusation shared between two individuals. Examples of libel might include a written statement, a published article or book, a broadcast, a movie, a website, an email, or any other type of permanent form of communication. Under South Dakota media law, both slander and libel can be considered defamation, which is defined as a false and malicious statement made to harm an individual’s reputation. Defamation is generally taken very seriously in South Dakota and can lead to a financial lawsuit against the offender. In such lawsuits, the plaintiff (the person bringing the lawsuit) must prove that the damaging statement was made, that it was false, that it was seen by at least one third-party (a person other than the person being defamed), and that it caused harm to the plaintiff’s reputation. When faced with media law issues in South Dakota, it is important to consider whether the statement in question constitutes slander or libel. Each type of defamation carries different legal implications and therefore requires different approaches to resolution. Knowing the difference between the two can help to ensure that the proper legal steps are taken.
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