A false rumour told aloud is slander. The same rumour typed into a post is libel. In slander vs libel, the medium sets the label, but falsity, harm and the law of the relevant state decide whether a claim exists.
Naming the right term is only the first step. For the wider picture, see how to repair my online reputation, and for the practical response, see how to remove slander online.
Slander and libel in plain terms
Defamation is a false statement of fact that is made public and harms the subject’s reputation, according to attorney Nicole Conger’s defamation guide. Slander and libel are the two forms it takes. Oral statements are slander and written statements are libel.
The line is not limited to ink on paper. Purdue Global Law School describes libel as defamation caused by written words, images or any other content that leaves a permanent record. It describes slander as defamation caused by spoken words.
| Feature | Slander | Libel | Planning use |
|---|---|---|---|
| Form of the statement | Spoken words | Written words, images or other content that leaves a permanent record | Start by asking whether the statement was said or recorded in lasting form. |
| Typical online example | A statement made only aloud, such as in a live conversation | A text post, a photo or an image that stays on a page | Keep a copy of anything that persists, because a permanent record is what makes libel identifiable. |
| Video posts | May count if the harm comes from spoken words | May count because the video is a lasting record | Treat the label as an open question and focus on the elements of the claim. |
The definitions come from Purdue Global Law School and Nicole Conger’s practice guide.
Misunderstandings about online posts
Most confusion comes from assuming the internet changes the basic test. It changes where statements appear, not what a claim requires. Online defamation can take the form of text, images, videos or any other medium, per Purdue Global.
- “Online means it is always libel.” Written posts fit libel easily, but Purdue Global points out that a TikTok video raises the question of whether it is written (libel) or spoken (slander). The answer depends on the medium and on how a court treats it, so avoid assuming either label.
- “There is one national rule.” There is no federal defamation law. States have written their own laws on libel and slander, and most states have their own defamation laws, so the exact elements differ by state.
- “The platform is the defendant.” Section 230(c)(1) of the Communications Decency Act gives immunity to social media hosting platforms for statements made by their users, according to Purdue Global. The person who made the statement is the usual focus of a claim.
- “A harsh post is automatically defamatory.” A statement must be false, must be factual in character and must cause harm. Unpleasant or angry wording alone does not meet that standard.
What a plaintiff must prove
A plaintiff in an online defamation case must show several linked elements. Purdue Global lists them for a defendant who made the statement online. Each element has to be met, so a weak link usually means a weak claim.
- A false statement of fact. The statement must be presented as fact and must be untrue. Proven truth is usually a complete bar to recovery for defamation, according to Nicole Conger’s guide.
- Publication. State defamation laws call the audience requirement publication: the statement has to reach someone other than the person it describes.
- Fault. The defendant must have been at least negligent in making the statement. Private figures need to show only negligence.
- Damage. In any civil case, the plaintiff must prove actual damages to recover them.
Private people and public figures
Status changes the fault standard. Purdue Global says a private figure needs to prove only negligence, while a public figure must prove actual malice. Public figures include those who put themselves in the public eye, such as celebrities. The U.S. Supreme Court set out the increased burden for public figures in its 1964 decision in New York Times Co. v. Sullivan.
State law can add its own wording. Under Texas law, according to Nicole Conger’s guide, the plaintiff must prove either negligence or malice depending on whether the person is public or private, and the Texas Civil Practice & Remedies Code offers a libel definition at §73.001. Those details apply to Texas, and another state may phrase them differently.
Statements that are harmful on their face
Some accusations are treated as especially damaging. Purdue Global notes that a statement that someone committed a serious crime could be deemed defamation per se. That label concerns the type of accusation, and the plaintiff still has to deal with falsity, publication and fault.
Fact versus opinion
An opinion is generally not defamatory, but the word “opinion” does not decide the question. To be defamatory, a statement must be one of fact, not merely an opinion, per Purdue Global. Nicole Conger’s guide agrees that expressions of pure opinion are generally not defamatory.
The limit comes when an opinion implies a fact. Purdue Global says that if an opinion implies fact, it could be considered defamation. Think of the difference between calling a business disappointing and stating that its owner stole customers’ money. The first is a judgement; the second asserts something that can be proven true or false.
- Look at what can be checked. A claim that can be shown true or false points toward fact. A matter of taste or judgement points toward opinion.
- Do not rely on a label. Writing “I think” or “it’s my opinion” in an online post may not protect it, according to Purdue Global, if the content implies a false fact.
- Weigh truth first. If the underlying fact is true, recovery is usually barred, so a disputed post is worth checking against the record before anyone escalates.
Time limits for online defamation
Filing deadlines belong to state law, not to a single national rule. Because there is no federal defamation law and states set their own rules, the limitation period for a claim depends on the state where it would be brought. A claimant should check that state’s statute early instead of waiting.
What to do while the clock matters
Capturing the post and its details early keeps the facts clear while a deadline question is answered. A written demand is one step people take before any court filing, and the guide on a cease and desist letter for defamation online explains how that letter works. The removal steps themselves are covered separately, so this article stays with the terms and tests.
This article gives general information about defamation terms, not legal advice. Anyone weighing a claim or a response can use a state-licensed attorney to confirm which elements and deadlines apply where they live.
Frequently asked questions
| Question | Answer |
|---|---|
| Is a video post slander or libel? | It can be argued either way. Purdue Global Law School poses the TikTok example as a question of whether the post is written (libel) or spoken (slander), so the label is not fixed. |
| Who has to prove actual malice? | Public figures. Private figures need to prove only negligence, per Purdue Global. |
| Does the statement need an audience? | Yes. State laws describe this element as publication, meaning the statement reaches someone other than the person it describes. |
| Is there one federal defamation law? | No. States have created their own laws for libel and slander, so elements and deadlines differ by state. |
