Lesson 32 - Libel 1:

Libel and Defamation.

Libel is one kind of "defamation." It is defamation by writing. Slander is defamation by saying. Our focus in the next few messages will be on libel, since most of the defamation that would exist on the net is defamation by writing. (Not to say that slander is impossible -- when voice telephone messages are transmitted over the net, there can be real slander on the net without libel. But we will ignore the subtle differences between the two.)

But what then is defamation?

Defamation is a statement that harms the reputation of someone else. The important point is *reputation*: for a statement to defame, it must either lower the victim's standing in the eyes of the community, or tend to make others refrain from associating with the victim.

That sounds pretty straightforward, but there are many qualifications. (This is law, remember!) Describing these qualifications is the purpose of the balance of our messages on the subject of libel. We first consider some basic features of the law, and then consider special problems raised by the net.

Let's begin, though, with a little bit more about the definition. Here are a few examples that might help:

I send an email to my boss and accuse him of cheating on his taxes: Whether true or not, this is not libel: it was not a statement made to someone else. Since it is not made to someone else, it doesn't harm the reputation of my boss.
I post a message on a BBS stating that Sarah has blue eyes, when in fact I know she has brown eyes: This too is not libel, since whether she has blue or brown eyes (probably) doesn't affect her reputation.
I send an email to a friend of John, and say that John cheats at golf. John's friend tells no one this, and doesn't believe it, since John doesn't play golf: No libel, even though the statement is false and likely to harm reputation, if the friend doesn't believe that John plays golf, then there has been no harm to John=92s reputation.

These examples emphasize the basics of a libel claim: The writing must be made to someone else, it must be the type that generally affects reputation, and it must in fact affect reputation.

Next time we discuss some defenses to the ordinary libel claim.

authors:

Larry Lessig David Post Eugene Volokh

Back to Lesson Index