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Clarification on slander

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breakaway

Member
If someone says something mean and untrue to another person (and it is about this person), but nobody else hears it, is that illegal in any way?
 


quincy

Senior Member
breakaway -

There are five necessary conditions for a slander or libel suit. The first is publication, which means that there has to be some sort of circulation of a defamatory statement. This publication can only occur if the person who is defamed knows about it and the person who made the defamatory statement communicates it to at least one other person.

You can slander someone just by saying something derogatory about him, but if he doesn't know it, and the person you say it to doesn't say anything, then, obviously, the person who has been defamed cannot sue you because he is unaware that anything bad has been said about him. If you say to him directly something derogatory, only you and he know it and no damage has been done to his reputation, so he cannot sue you (although he may punch you in the nose :))

The other conditions that are necessary for defamation that can lead to a lawsuit against you are identification (or making sure that people know who you are talking about), defamation (the derogatory words that are spoken or written), fault (which is complicated - but basically means that the person who communicated the defamatory statement knew it was false) and injury (what the person suffered as a result of the defamation).

Hope that helps.
 

Just Blue

Senior Member
why did you roll your eyes in that reply?
2 reasons.

1. If you had bothered to do a minimal search in this forum, your question would have been answered. At least once a day what constitutes libel/slander is defined ....on a slow day...

2. It is an idiotic question.
 

breakaway

Member
Thanks quincy! As usual, your reply was well written, thorough, and clear; unlike others in this forum.
 
Last edited:

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