slander


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Related to slander: Defamation of character

slander

n. oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit. Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove. Some statements such as an untrue accusation of having committed a crime, having a loathsome disease, or being unable to perform one's occupation are treated as slander per se since the harm and malice are obvious, and therefore usually result in general and even punitive damage recovery by the person harmed. Words spoken over the air on television or radio are treated as libel (written defamation) and not slander on the theory that broadcasting reaches a large audience as much if not more than printed publications. (See: defamation, fair comment)

slander

noun abusive language, accusation, calumniation, calumny, censure, character assassination, damaging report, defamation, defamatory words, denigration, denunciation, execration, false report, imprecation, insinuation, libel, malicious report, obloquy, reproach, revilement, scandal, scurrility, slur, smear, stricture, traducement, vilification
Associated concepts: malice, publication, slander of title, slander per quod, slander per se
See also: aspersion, defamation, defame, denigrate, disparage, libel, malign, smear, tarnish, vilification

slander

see DEFAMATION, MALICIOUS FALSEHOOD.

SLANDER, torts. The defaming a man in his reputation by speaking or writing words which affect his life, office, or trade, or which tend to his loss of preferment in marriage or service, or in his inheritance, or which occasion any other particular damage. Law of Nisi Prius, 3. In England, if slander be spoken of a peer, or other great man, it is called Scandalum Magnatum. Falsity and malice are ingredients of slander. Bac. Abr. Slander. Written or printed slanders are libels; see that word.
     2. Here it is proposed to treat of verbal slander only, which may be considered with reference to, 1st. The nature of the accusation. 2d. The falsity of the charge. 3d. The mode of publication. 4th. The occasion; and 5th. The malice or motive of the slander.
     3.-Sec. 1. Actionable words are of two descriptions; first, those actionable in themselves, without proof of special damages and, secondly, those actionable only in respect of some actual consequential damages.
     4.-1. Words of the first description must impute: 1st. The guilt of some offence for which the party, if guilty, might be indicted and punished by the criminal courts; as to call a person a "traitor," "thief," "highwayman;" or to say that he is guilty of "perjury," "forgery," "murder," and the like. And although the imputation of guilt be general, without stating the particulars of the pretended crime, it is actionable. Cro. Jac. 114, 142; 6 T. R. 674; 3 Wils. 186; 2 Vent. 266; 2 New Rep. 335. See 3 Serg. & Rawle, 255 7 Serg. & Rawle, 451; 1 Binn. 452; 5 Binn. 218; 3 Serg. & Rawle, 261; 2 Binn. 34; 4 Yeates, 423; 10 Serg. & Rawle, 44; Stark. on Slander, 13 to 42; 8 Mass. 248; 13 Johns. 124; Id. 275.
     5.-2d. That the party has a disease or distemper which renders him unfit for society. Bac. Abr. Slander, B 2. An action can therefore be sustained for calling a man a leper. Cro. Jac. 144 Stark. on Slander, 97. But charging another with having had a contagious disease is not actionable, as he will not, on that account, be excluded from society. 2 T. R. 473, 4; 2 Str. 1189; Bac. Abr. tit. Slander, B 2. A charge which renders a man ridiculous, and impairs the enjoyment of general society, and injures those imperfect rights of friendly intercourse and mutual benevolence which man has with respect to man, is also actionable. Holt on Libels, 221.
     6.-3d. Unfitness in an officer, who holds an office to which profit or emolument is attached, either in respect of morals or inability to discharge the duties of the office in such a case an action lies. 1 Salk. 695, 698; Rolle, Ab. 65; 2 Esp. R. 500; 5 Co. 125; 4 Co. 16 a; 1 Str. 617; 2 Ld. Raym. 1369; Bull. N. P. 4; Holt on Libels, 207; Stark. on Slander, 100.
     7.-4th. The want of integrity or capacity, whether mental or pecuniary, in the conduct of a profession, trade or business, in which the party is engaged, is actionable, 1 Mal. Entr. 244 as to accuse an attorney or artist of inability, inattention, or want of integrity; 3 Wils. 187; 2 Bl. Rep. 750; or a clergyman of being a drunkard; 1 Binn. 178; is actionable. See Holt on Libels, 210; Id. 217.
     8.-2. Of the second class are words which are actionable only in respect of special damages sustained by the party slandered. Though the law will not permit in these cases the inference of damage, yet when the damage has actually been sustained, the party aggrieved may support an action for the publication of an untruth; 1 Lev. 53; 1 Sid. 79, 80; 3 Wood. 210; 2 Leon. 111; unless the assertion be made for the assertion of a supposed claim; Com. Dig. tit. Action upon the case for Defamation, D 30; Bac. Ab. Slander, B; but it lies if maliciously spoken. See 1 Rolle, Ab. 36 1 Saund. 243 Bac. Abr. Slander, C; 8 T. R. 130 8 East, R. 1; Stark. on Slander, 157.
     9.-Sec. 2. The charge must be false; 5 Co. 125, 6; Hob. 253; the falsity of the accusation is to be implied till the contrary is shown. 2 East, R. 436; 1 Saund. 242. The instance of a master making an unfavorable representation of his servant, upon an application for his character, seems to be an exception, in that case there being a presumption from the occasion of the speaking, that the words were true. 1 T. R. 111; 3 B. & P. 587; Stark. on Slander, 44, 175, 223.
     10.-Sec. 3. The slander must, of course, be published, that is, communicated to a third person; and if verbal, then in a language which he understands, otherwise the plaintiff's reputation is not impaired. 1 Rolle, Ab. 74; Cro. Eliz. 857; 1 Saund. 2425 n. 3; Bac. Abr. Slander, D 3. A letter addressed to the party, containing libelous matter, is not sufficient to maintain a civil action, though it may subject the libeler to an indictment, as tending to a breach of the peace; 2 Bl. R. 1038; 1 T. R. 110; 1 Saund. l32, n. 2; 4 Esp. N. P. R. 117; 2 Esp. N. P. R. 623; 2 East, R. 361; the slander must be published respecting the plaintiff; a mother cannot maintain an action for calling her daughter a bastard. 11 Serg. & Rawle, 343. As to the case of a man who repeats the slander invented by another, see Stark. on Slander, 213; 2 P. A. Bro. R. 89; 3 Yeates, 508; 3 Binn. 546.
     11.-Sec. 4. To render words actionable, they must be uttered without legal occasion. On some occasions it is justifiable to utter slander of another, in others it is excusable, provided it be uttered without express malice. Bac. Ab. Slander, D 4; Rolle, Ab. 87; 1 Vin. Ab. 540. It is justifiable for au attorney to use scandalizing expressions in support of his client's cause and pertinent thereto. 1 M. & S. 280; 1 Holt's R. 531; 1 B. & A. 232; see 2 Serg. & Rawle, 469; 1 Binn. 178; 4 Yeates, 322; 1 P. A. Browne's R. 40; 11 Verm. R. 536; Stark. on Slander, 182. Members of congress and other legislative assemblies cannot be called to account for anything said in debate.
     12.-Sec. 5. Malice is essential to the support of an action for slanderous words. But malice is in general to be presumed until the contrary be proved; 4 B. & C. 247; 1 Saund. 242, n. 2; 1 T. R. 1 11, 544; 1 East, R. 563; 2 East, R. 436; 2 New Rep. 335; Bull. N. P. 8; except in those cases where the occasion prima facie excuses the publication. 4 B. & C. 247. See 14 Serg. & Rawle, 359; Stark. on Slander, 201. See, generally, Com. Dig. tit. Action upon the case for Defamation; Bac. Abr. Slander; 1 Vin. Abr. 187; 1 Phillim. Ev. ch. 8; Yelv. 28, n.; Doctr. Plac. 53 Holt's Law of Libels; Starkie on Slander, Ham. N. P. ch. 2, s. 3.

References in periodicals archive ?
While we're talking about bad laws dealing with libel and slander, let's raise some questions about other laws involving speech -- namely, blackmail laws.
After all, you have slander, you have libel - a civil case.
Images of dissection, for example, abound in these texts: in the anonymous A Plaine Description of the Auncient Petigree of Dame Slaunder (1573), an analogy is made between the analysis of slander and the anatomy of a body (second part, sig.
Titled "An Act Increasing the Penalties for the Crime of Slander by Deeds," including the intentional filing of a false complaint in court with any government agency exercising quasi-judicial or administrative powers, HB 6148 amends Article 358 of the e Revised Penal Code.
Freddie Starr lost his claim for alleged slander and libel |
Zaev's lawyer, Miroslav Vujik, told Nova TV that the prime minister can only sue Zaev for slander and not insult.
Naser Raufi, attorney of the defendants in case "Monster," agrees that that this is an additional argument to file a lawsuit against Minister Jankuloska for slander.
Muscat: The Muscat Court of Appeals yesterday upheld the judgment given by the Primary Court ordering one-year imprisonment and OMR1,000 fine for those convicted of slander and violating IT regulations -- for abusive and provocative writings.
1000 fine on the case of abusive and provocative writings against those convicted for slander and violating Information Technology (IT) regulations namely Usama bin Hamad bin Khalfan al Toyeah, Ahmed bin Abdullah bin Mohammed al- Ma'amari, Awadh bin Ali bin Saleem al-Sawafi, Mukhtar bin Mohammed bin Saif al-Hinai, Ishaq bin Sultan bin Yousef al Aghbari.
Former Italian goalkeeper Walter Zenga has lost his appeal against a Dhs2,000 fine and a slander conviction for a journalist he had asked a "stupid" question.
There is a stage if people continue to slander you that you will have to decide to takeaction.
Media experts Suad Misini and Roberto Belicanec are concerned about the new Law on Decriminalization of Slander and consider that it does not deal with the real problems of journalists and it might be used in the future as a tool for political and economic disagreements.