DEFAMATION OF CHARACTER

Defamation of character is another important civil right, which many of us take for granted. It relates to any malicious statement by one person to another which tends to cast aspersions on the character or integrity of the victim.


Defamation may come in form of libel or slander. And there are many differences between libel and slander. In libel, the defamatory statement must be published in permanent form like a newspaper, book, painting, cartoon, picture, video and audio recordings, etc. It must exist in a medium which can be seen or heard and examined by evidence. On the other hand, in slander, the defamatory statement is not in any permanent form but in words uttered or gestures made. It is usually in form of statement communicated by one person to another against a victim.

Another difference is that the victim of libel does not have to prove that he suffered any special or actual damage as a result of the libelous publication before he can be awarded damages. It is sufficient once he can prove that the defendant made the statement which is libelous against him. The court will presume that the victim has naturally suffered damage to his reputation once he can prove that there was libel. On the other hand, the victim of slander must be able to establish and prove that he suffered actual damage as a result of the slanderous communication against him.