ABSTRACT

Slander (oral defamation) and libel (printed defamation) became separate torts with somewhat different rules. Defamation, also known as private libel and handled at first by the ecclesiastical courts, gradually became a common law offense with requirements somewhat similar to those of libel and slander. With the proliferation of printing, defamation, or information that tends to subject an individual or entity such as a corporation to public hatred, contempt, or ridicule, involved a new factor—the multiplying of harm to one's reputation through widespread dissemination via publication. Most libel suits involve people, companies, or organizations, but a growing number involve product disparagement or trade libel. There is probably no typical libel suit because every case has its own unique aspects, as even big-name suits have demonstrated. Libel requires elements be established before a plaintiff can win a suit and recover damages.