Chapter 17

DEFAMATION

A person’s interest in his reputation is protected by the tort actions for “libel” and “slander,”  collectively called “defamation.”

• Libel vs. slander:  Libel is caused by a written statement, and slander is caused by an oral statement. Most of the rules governing the two tort actions are identical.
• Defamation generally:  To establish a case for either libel or slander, P must prove:
  • Defamatory statement:  A false and “defamatory” (i.e., reputation-damaging) statement concerning P;
  • Publication:  A communicating of that statement to a person other than P (a “publication”);

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