Define: Slander

A false or unsupported, malicious statement (spoken or published), especially one which is injurious to a person’s reputation; the making of such a statement.

Slander is making defamatory statements in a non-fixed medium (orally) that cause harm to another person. Slander differs from libel in that it is spoken, not written. Elements of slander involve the making of statements, the publication (not written) of statements to a third party (someone other than the defamed), the matter being of public concern, and it causing damage to the plaintiff. Damages can include mental anguish but generally refer to a loss of reputation that causes a monetary loss (such as a loss of professional reputation).

A form of defamation in which the imputation is made in a non-permanent form, such as word of mouth. Where the imputation is in print or broadcast, it may amount to libel. The distinction is important for the claimant because, in a claim for slander, he or she will usually have to prove special damage. There are a number of exceptions to this principle.

• Imputation of professional incompetence. Any remark that tends to disparage the claimant in ‘any trade or calling’ is actionable per se, even if the trade or calling is a humble one. Of the exceptions to the special damage rule, this one is the most frequently encountered in practice.
• Imputation of unchastity in a woman. This exception specifically applies to women, and it remains to be seen whether it would survive a challenge under recent human rights and equality legislation.
• Imputation of infection with a contagious disease would tend to have the effect that people would shun the claimant’s company. The last action under this head of liability appears to have been made in the 19th century, so it is unclear to what extent it still exists.
• Imputation of the commission of an offence punishable by imprisonment. The imputation must allege that the claimant actually committed a crime, not merely that he was suspected of doing so. As a matter of logic, this claim cannot be made if the allegation is of something that cannot amount to a crime.

If an imputation does not fall into one of these categories, it does not mean it is not actionable; it merely means that the claimant must show he suffered special damage.

Laws vary by jurisdiction, but most jurisdictions recognise certain statements as defamatory on their face, such as attacking the professional character of another person, stating someone has a sexually transmitted disease, alleging someone has committed a crime, or saying an unmarried person is not chaste. Consider, however, that allegations or slander without loss do not constitute an injury. To win a personal injury case, you will have to prove you have suffered a loss or injury.

There are several defences to slander. For instance, it is not slander if it is the truth, if someone consented to the dissemination of the information, the statements were made by lawyers or witnesses in court and are considered privileged, the statements are recognized as opinions, or the defendant can prove the plaintiff already had a poor reputation and did not suffer any damages.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 15th April, 2024.