13 Defamation, Slander, and Libel

Defamation

Compromising the code of ethics may have legal consequences, depending upon the situation. One of the most common ethical problems that occur in court cases is defamation. Defamation is intentional damage done to one party’s reputation by another party. Although it is not a crime, it is considered a civil suit in a court of law. Individuals or organizations with particularly high stakes attached to their reputation (for example, celebrities, public figures, renowned educators, or popular businesses) are more inclined to sue for defamation.

A recent example is the defamation cases filed by comedian Bill Cosby. In 2015, Cosby faced allegations of sexual assault from more than 50 women, resulting in civil lawsuits and criminal investigations against him. The tremendously negative effect on his reputation resulted in the rescinding of several honorary degrees he had received as well as the cancellation of reruns of his popular TV program from the 1980s and early ’90s, The Cosby Show. In response to the damages, Cosby sued some of the women for defamation, but the cases were later dismissed. The allegations continue to have an impact on Cosby’s image and legacy.

Slander and Libel

There are two categories of defamation: slander and libel. Slander is the spoken version of defamation, when something is said verbally that harms another party’s reputation. Libel is the written version of defamation, when something is published that damages a party’s reputation. Because this textbook focuses on writing, libel will be discussed in greater detail. Libel includes both print and online publications; even social media posts and Youtube videos can be grounds for a libel suit.

In 2019, rapper Cardi B, whose real name is Belcalis Almánzar filed a defamation case and lawsuit against Latasha Kebe, a YouTuber who goes by Tasha K. Cardi B not only sued Tasha K for defamation, but also invasion of privacy, and intentional infliction of emotional distress, alleging that Tasha K made false and damaging claims about her in multiple YouTube videos. The videos reached millions of viewers and gained a large amount of attention.

Those falsehoods claimed that Cardi B was a former prostitute, used illegal drugs, and engaged in lewd behavior around her child. Cardi B testified in court that these lies had caused her significant emotional distress, anxiety, and even suicidal thoughts. Later in 2022, Cardi B won the case and Tasha K was ordered to pay the rapper $4 million, which included costs for general and punitive damages as well as legal fees.

This case is important because it set a significant precedent for how public figures can fight online defamation, especially against influencers and content creators who profit from spreading falsehoods. The case also serves as a cautionary tale and reminder that free speech does not protect defamatory speech. Finally, it also highlighted the legal risks for online gossip and celebrity commentary channels.

 Click here for more information on the case and its implication.

Winning a libel suit is difficult. Five elements have to exist in order to render a statement as libelous (Harrower, 2012):

1. The statement was published.
2. The statement is conveyed as a fact, not an opinion.
3. The statement is false.
4. The statement is identifiable with or made about the plaintiff.
5. The statement was published with intentional negligence or malice.

The last element is particularly challenging to prove. Many libel suits are dismissed because the plaintiff fails to provide evidence for the existence of each element.

The possibility of defamation is of great concern to every strategic communication professional. Careful information gathering and rigorous fact checking are vital in order to avoid defamatory communication. Double-checking quotes and sources helps minimize the risk of publishing libelous statements.