What You Need to Know about Libel Laws
August 9, 2009 by Allison Boyer
Filed under Jobs
Let’s take a break from fiction-related posts to talk about something every writer should understand: 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.
Image: sxc.hu
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 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.
Basically, make sure that anything negative you save 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.
