Define: Libellous

Libel refers to a false and defamatory statement that is written or printed and published to a third party, which harms the reputation of an individual or entity.

While libel involves written or printed defamatory statements, slander refers to spoken defamatory statements. Both can harm a person’s reputation, but the medium of communication distinguishes them.

To establish a libel claim, the following elements must generally be proven: (a) the statement was false, (b) it was published to a third party, (c) it identified the plaintiff, (d) it caused harm to the plaintiff’s reputation, and (e) the defendant was at fault in making the statement.

Opinions are generally protected under the First Amendment, as they are subjective expressions. However, if an opinion is presented as a fact or implies false information, it may be considered defamatory and potentially libelous.

Public figures, such as celebrities or politicians, have a higher burden of proof in libel cases. They must prove that the defamatory statement was made with “actual malice,” meaning the defendant knew it was false or acted with reckless disregard for the truth.

Yes, companies can sue for libel if false statements harm their reputation. However, the burden of proof may be higher for corporations, as they must show that the false statement caused financial harm or damaged their business prospects.

Yes, social media posts can be considered libelous if they meet the elements of a libel claim. It is important to remember that online statements can reach a wide audience, potentially causing significant harm to a person’s reputation.

Yes, truth is generally a complete defence against a libel claim. If the statement in question is proven to be true, it cannot be considered defamatory, as defamation requires false information.

Yes, individuals who share or retweet a libelous statement can be held liable for defamation. By disseminating the false statement to a wider audience, they contribute to its publication and may be held responsible for the harm caused.

Libel victims may seek various remedies, including monetary damages to compensate for harm to their reputation, injunctive relief to stop further publication, and retractions or corrections to mitigate the damage caused by the false statement.