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Libel

Defamation by writing such as in a newspaper or a letter.

The law recognizes that the verbal, oral or libel variety of defamation can be more damaging than slander.

In Gatley on Libel and Slander:

"Libel is committed when defamatory matter is published in permanent form or in a form which is deemed to be permanent. Defamation published by spoken word or in some other transitory form is slander."

In Pollard v Lyon, the US Supreme Court (1875, cited at 91 US 225), adopted these words:

"(Defamation), in writing or in print, says the commentator, has always been considered in our law a graver and more serious wrong and injury than slander by word of the mouth, inasmuch as it is accompanied by greater coolness and deliberation, indicates greater malice, and is in general propagated wider and farther than oral slander."

Historically, the common law used the word to capture both libel and slander, which lawyers today prefer to use the word defamation in that context. The common law described what we now call slander as verbal or oral slander and libel as writtten or printed slander.


REFERENCES:

Milmo, P. and others, Gatley on Libel and Slander (London: Seeet and Maxwell, 2004).

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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