Libel Meaning, Legal Definition and Examples

Karen Savage, Jessica Schubert, Sasha Blakeley
  • Author
    Karen Savage

    Karen has more than 15 years experience teaching middle school math. She has a bachelors in African American studies and masters in the art of education from Simmons College, as well as a masters in journalism from the Craig Newmark Graduate School of Journalism at the City University of New York.

  • Instructor
    Jessica Schubert

    Jessica is a practicing attorney and has taught law and has a J.D. and LL.M.

  • Expert Contributor
    Sasha Blakeley

    Sasha Blakeley has a Bachelor's in English Literature from McGill University and a TEFL certification. She has been teaching English in Canada and Taiwan for seven years.

Learn the libel definition and meaning. Review libel charges and cases, and discover if libel is a crime. Understand the differences between libel, slander and defamation. See libel examples. Updated: 11/01/2021

What Is Libel?

The definition of libel is a defamatory statement that is published in written words, drawings, cartoons, or physical representation. Legally, libel is a tort, or civil wrong, although in some states it is also viewed as a crime. Those who feel they have been harmed by another can address that harm by filing a civil lawsuit against the individual who published the false statement.

Libel law varies by state, but to prove a statement is libel, one must generally convince the court that:

  • A false statement was made and published
  • That statement caused damage to one's reputation or had the potential to cause damage
  • The statement is not exempt or privileged (for example if the statement was used at a trial or during an employment reference)

Libel Examples

Libel can occur in several situations. Here are a couple of libel examples:

  • If a reporter publishes a story falsely stating that the CEO of a company has defrauded shareholders, the story could damage the reputation of the CEO and cause shareholders to sell their stock in the company, thus damaging the company. The CEO and the company are victims of libel.
  • If an artist draws and publishes a cartoon showing an individual shoplifting from the corner store (and that individual is not a shoplifter). The cartoon could cause viewers to think the individual is a thief.

In both examples, the depictions are false, and reputations have been damaged.

Often whether an action is considered libel depends on whether the false statement or representation has been published. For example, if the artist who drew the cartoon posted it on their refrigerator, but did not publish or share it with others, the individual's reputation would not have been damaged, thus no libel would have occurred. False statements written in a diary are unlikely to be considered libel unless the diary was published.

Is Libel a Crime?

Libel is a civil matter in all states, and although rarely charged, in some states, libel is a crime punishable by fines or imprisonment. Many such laws have been determined to violate the First Amendment and have been overturned in recent years. Generally, those that remain require that an individual accused of criminal libel knew that the false statement in question was false and published it with the purpose, or intent of harming the other party. Like civil libel laws, criminal libel laws cover written statements, drawings, cartoons, and other depictions. They do not cover oral statements. Unlike civil libel lawsuits, where one individual sues another over an allegedly libelous statement, criminal libel charges are filed by the government, generally with the view that the offense was so egregious that the defendant's alleged lie caused public harm.

What Is Libel?

When one reads or listens to another individual's words, one typically listens with an open mind. In other words, there is generally no reason to be suspicious of the speaker's words. This situation is particularly applicable where journalists report on other people or entities.

When a person, journalist or not, writes or speaks privately or publicly about another person or party, that person has to abide by the law of libel. Failure to do so will result in possible litigation arising from the false statement.

Libel arises when one makes a false statement about another person or entity that causes harm to that person's or entity's reputation. In order to be treated as libel, there must be publication of the statement; in other words, the statement must be made to another person. Publication of the libelous statement can be made by a written format, such as a newspaper article or internet posting, or by an oral statement, such as in conversation or by radio or television. In addition, the statement can be made to one person or many people, such as in a speech. Furthermore, cartoons, signs, and artistic depictions can be treated as libel if they include false statements and are communicated to another person.

The libelous statement must also be expressed as a factual statement. Thus, the statement is not just another person's opinion about a person or entity. For example, if one says 'The actress looked disheveled,' this would be an opinion and not a statement, and as such, does not constitute libel. On the other hand, if the statement was 'The actress was drunk and looked disheveled', this would constitute libel if the actress was not drunk. Consequently, if one is critiquing a person or entity, it does not constitute libel if the critique expresses an opinion. Moreover, libel differs from slander because slander refers solely to spoken words. However, even though radio or television broadcasts involve spoken words, the fact that the words are made via a transfixed method results in the radio and television broadcasts conveying libel.

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  • 0:01 What Is Libel?
  • 2:17 The Law on Libel
  • 3:52 Defenses Against Libel Charges
  • 4:15 Libel Case Law
  • 6:50 Lesson Summary
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Notable Libel Cases

Libel is a type of defamation that is made in writing, in a cartoon, or another published form.

Libel is a form of defamation made in writing or another physical form and published

Notable civil libel cases include:

  • New York Times Co. v Sullivan
  • Gertz v. Robert Welch, Inc.
  • New Hampshire v Robert Frese

New York Times Co. v Sullivan

New York Times Co. v Sullivan is a well-known case in which L.B. Sullivan, a police commissioner in Alabama, sued The New York Times over an ad taken out by allies of Martin Luther King Jr. In the ad, King's supporters criticized the way police treated of civil rights protestors. Sullivan argued that the ad included false statements that cast him and his police department in a bad light. A state court agreed in a decision that was later upheld by the Supreme Court of Alabama. The New York Times then appealed to the U.S. Supreme Court, which in 1964 overturned the lower court decision, finding that the ruling violated the First Amendment. The ruling is important because it established requirements that make it more difficult for public officials to prove libel cases. The case is also important because it thwarted efforts by Southern officials to prevent media outlets from covering the civil rights movement.

In Sullivan v the New York Times, a police commissioner in Alabama sued the newspaper over an ad critical of his department

Sullivan v NYT is a key libel case

Gertz v. Robert Welch, Inc.

In Gertz v. Welch, the Supreme Court clarified that although public figures must prove that an allegedly libelous statement must have been made with malice to be proven to be libel, private plaintiffs do not have to prove malice. In this instance, a police officer was tried for murder. A newspaper later wrote several stories indicating that the officer was framed for the crime by Elmer Gertz, the officer's attorney. The court found that because Gertz was not a public figure, he did not need to prove the newspaper published the statements maliciously. Gertz ultimately provided proof to the court the statements were false and won his case.

The Law on Libel

Libel is an action based upon torts. Moreover, the specific laws applicable to a tort depend upon the state with jurisdiction over the case. Generally, in order to sue for libel, one must demonstrate that the libelous statement is not only false, but also caused, or could potentially cause, harm to one's reputation. The statement must also cause others to dislike, hate, or have contempt for the party against which the statement was made. Furthermore, the law requires proof that the libelous statement was actually published; that is, the false statement was communicated to another person. Finally, in order to succeed in a libel lawsuit, one must demonstrate that actual harm occurred to one's reputation or occupation as a result of the libelous statement.

In order to sue for damages for a libel case, it is necessary to demonstrate that actual harm was made to the party against whom the statement was made. Additionally, where one can prove that a party either wrote or spoke the libelous statement with a malicious intent, one can obtain special damages, which are additional monies designed to punish the publisher of the statement.

In addition, there are special laws in most jurisdictions regarding individuals in the public eye. These cases relate mostly to politicians and other governmental figures and indicate that a public figure is immune from libel suits. Therefore, if a public person attempts to file a successful libel case against a party for a false statement, it is necessary that the person demonstrate malicious intent.

Defenses Against Libel Charges

There are several key defenses one can assert if they are sued for defamation. Initially, if the statement is true, the speaker cannot be liable for the statement. Additionally, where statements are from official documents, such as records of meetings, the statements cannot be treated as libel. Finally, if the statements are expressions of opinion only, these cannot be the basis for a libel lawsuit.

Libel Case Law

There are thousands of libel cases in the United States. However, there are key cases that are relied upon in most libel lawsuits. Many of these suits pertain to the First Amendment, which includes one's freedom of speech.

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Video Transcript

What Is Libel?

When one reads or listens to another individual's words, one typically listens with an open mind. In other words, there is generally no reason to be suspicious of the speaker's words. This situation is particularly applicable where journalists report on other people or entities.

When a person, journalist or not, writes or speaks privately or publicly about another person or party, that person has to abide by the law of libel. Failure to do so will result in possible litigation arising from the false statement.

Libel arises when one makes a false statement about another person or entity that causes harm to that person's or entity's reputation. In order to be treated as libel, there must be publication of the statement; in other words, the statement must be made to another person. Publication of the libelous statement can be made by a written format, such as a newspaper article or internet posting, or by an oral statement, such as in conversation or by radio or television. In addition, the statement can be made to one person or many people, such as in a speech. Furthermore, cartoons, signs, and artistic depictions can be treated as libel if they include false statements and are communicated to another person.

The libelous statement must also be expressed as a factual statement. Thus, the statement is not just another person's opinion about a person or entity. For example, if one says 'The actress looked disheveled,' this would be an opinion and not a statement, and as such, does not constitute libel. On the other hand, if the statement was 'The actress was drunk and looked disheveled', this would constitute libel if the actress was not drunk. Consequently, if one is critiquing a person or entity, it does not constitute libel if the critique expresses an opinion. Moreover, libel differs from slander because slander refers solely to spoken words. However, even though radio or television broadcasts involve spoken words, the fact that the words are made via a transfixed method results in the radio and television broadcasts conveying libel.

The Law on Libel

Libel is an action based upon torts. Moreover, the specific laws applicable to a tort depend upon the state with jurisdiction over the case. Generally, in order to sue for libel, one must demonstrate that the libelous statement is not only false, but also caused, or could potentially cause, harm to one's reputation. The statement must also cause others to dislike, hate, or have contempt for the party against which the statement was made. Furthermore, the law requires proof that the libelous statement was actually published; that is, the false statement was communicated to another person. Finally, in order to succeed in a libel lawsuit, one must demonstrate that actual harm occurred to one's reputation or occupation as a result of the libelous statement.

In order to sue for damages for a libel case, it is necessary to demonstrate that actual harm was made to the party against whom the statement was made. Additionally, where one can prove that a party either wrote or spoke the libelous statement with a malicious intent, one can obtain special damages, which are additional monies designed to punish the publisher of the statement.

In addition, there are special laws in most jurisdictions regarding individuals in the public eye. These cases relate mostly to politicians and other governmental figures and indicate that a public figure is immune from libel suits. Therefore, if a public person attempts to file a successful libel case against a party for a false statement, it is necessary that the person demonstrate malicious intent.

Defenses Against Libel Charges

There are several key defenses one can assert if they are sued for defamation. Initially, if the statement is true, the speaker cannot be liable for the statement. Additionally, where statements are from official documents, such as records of meetings, the statements cannot be treated as libel. Finally, if the statements are expressions of opinion only, these cannot be the basis for a libel lawsuit.

Libel Case Law

There are thousands of libel cases in the United States. However, there are key cases that are relied upon in most libel lawsuits. Many of these suits pertain to the First Amendment, which includes one's freedom of speech.

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  • Activities
  • FAQs

Libel: Deeper Dives

This lesson introduced you to the legal concept of libel and gave you a detailed explanation of how libel is prosecuted, including some famous cases. Take a look at the prompts below to explore this topic in more detail.

A Brief for the Defence

Imagine that you are a defence attorney whose client has been accused of libel. Using a real libel case as your template, consider how you would go about defending your client against the accusations in a court of law. Make sure to keep various aspects of libel in mind as you write your statement, including damage to one's reputation and malice.

Historical Context

When did libel laws first come into being in America? Which countries predate America in terms of libel laws? Write a detailed timeline of events leading to the creation of modern-day libel laws, and make sure to include important cases if possible.

In Your Own Words

Libel law includes several specific qualifying factors. Can you remember all of them from this lesson? Write a paragraph explaining when and how libel can be prosecuted in court. Then, find a friend or family member and, using your paragraph, explain what you have learned about libel. Be prepared to answer any of their questions should the need arise.

What is the difference between slander and libel?

"Defamation" is an untrue statement that damages another individual's reputation. Libel is a defamatory statement is written and published. If the statement is spoken or conveyed orally, it is considered libel.

Is libel a crime?

In the U.S., some states have criminal defamation laws, however free speech advocates maintain that those laws violate the First Amendment. They argue that criminal defamation laws are unnecessary because all states consider defamation to be a tort, which can be addressed in civil lawsuits.

What is an example of libel?

One example of libel occurred in when the Sun, a U.K. media outlet, published a story reporting that Cameron Diaz was having an affair with a married man, which was untrue. Diaz filed a lawsuit against the Sun and was awarded damages in 2005.

What is the meaning of libel case?

A libel case is a civil lawsuit filed by an individual who says they have been harmed by false statements written by another individual. The purpose of such suits are generally to force the retraction of the false statement and to obtain damages for the harm done by those statements.

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