What is Libel and Slander?
Words like “Defamation,” “Libel,” and “Slander” are thrown around all the time in today’s world of constantly developing media and communications, and nowhere is it more prevalent than in the world of publicity and public figures. The world tuned in to watch the infamous Johnny Depp and Amber Heard case, as the famous actor sued his ex-wife for defamation over allegations of abuse during their marriage. During this case, many different terms were thrown around for what Heard alleged was, but it is essential to understand the basics of the different terms.
“Slander” refers to a defamatory statement’s spoken or temporary form. While more commonly litigated, “libel” refers to the written and more permanent version of these statements. “Libel” litigation gains popularity because defamatory matters published on television, radio, email, or via the Internet fall under its scope.
A “He Said, She Said” Case
A foundational case for libel in the United Kingdom was the 2017 case of Dhir v. Sadder [2017] EWHC 3155 (QB). In this case, the defendant had shared during a church meeting that the claimant had threatened to slit her throat, which led to the claimant bringing slander proceedings against the individual. This case helped establish some of the main factors that come into consideration when assessing a libel situation:
(1) Whether the publication complained of had been actionable per se, namely, without proof of special damage.
(2) The number of people to whom the words complained had been published.
(3) Whether the claimant could demonstrate that the publication of the words spoken by the defendant had caused, or was likely to cause, serious harm to his reputation.
(4) Whether the claim was an abuse of process
(5) Whether the defendant could demonstrate that the imputation conveyed by the statement complained of had been substantially true.
This case brought a new perspective to libel and slander cases because although the defendant argued that the audience of 80 was not large enough, the court ruled that what matters is not the extent of publication — but to whom the words are published. This judgment was groundbreaking because it widened the scope of what could be considered in a slander/libel case.
Dhir v. Saddler stands as a landmark case that has left a lasting impact on the legal landscape of libel and slander cases in the UK. As defamation cases continue to emerge and courts are faced with new challenges posed by rapidly developing media and communication platforms, it will be interesting to see how this area of law grows and develops.