What You Need to Know about Libel Laws

Every year, many writers are sued under libel laws, and of those sued, tons lose their cases and are found guilty. That can lead to fines, as well as a ruined reputation. Depending on the laws in your country, you could even go to jail.

I want to preface the rest of this post by saying that I’m not a lawyer. I’ve done a lot of research on this subject, as well as take a journalism class that covered libel and slander, but I’m no expert. So, before you do anything that could be libelous, talk to a real lawyer. Don’t rely on me for legal advice!

Let’s talk about some basic things you need to know about libel:

What is libel, and what is the difference between libel and slander?

Libel and slander are both legal claims that you’ve made false, defamatory statements about someone. The statements are made with malice, meaning that the defendant knew the statements were false, disregarded the truth, or was otherwise negligent. In other words, they’re statements made specifically to hurt or ruin the reputation of another person, not mistakes.

The only difference between libel and slander is that libel is a printed statement, while slander is a spoken statement. In most cases, the laws surrounding these two are the same.

Where do libel laws apply?

Some writers believe that libel laws don’t apply on personal blogs or other non-traditional forms of media. If you make the statements public, though, you could be sued for libel. Yes, the Internet counts! Of course, libel laws also apply to traditional media, like magazines and newspapers.

Do I need a lawyer?

If you’re accused of breaking libel laws, you probably should seek legal advice. Look for a First Amendment lawyer who can help you fight the claims.

Can I speak my mind without being libelous?

Basically, make sure that anything negative you say is clearly an opinion, not fact. You have the right to say whatever you want if it is your opinion, but you do no have the right to make false statements and pass them off as fact. Be careful about what you say and how you say it.

For example, I could with that I think Joe Smith is a terrible person, and be legally within my rights to do so. I could even remove the “I think” part and just write, “Joe Smith is a terrible person.” Why? Because it is clearly a subjective statement.

What I could not do is say, “Joe Smith rapes babies and murders kittens.” Well, unless Joe Smith really does do those things (and you have proof). But if I just write those things because I personally don’t like Joe Smith, I’m writing  something that’s libelous. That someone commits crimes like raping babies and murdering kittens is a fact, not a subjective statement.

Of course, things aren’t always so black and white. When in doubt, include the phrase “I think…” and your ass will be covered. Or, maybe sure you have proof that what you’re saying or writing about someone is true.

A version of this post, written by me, was first published on b5media’s Bizzia website. It is reposted here with permission.