How can the Civil Self Help Common Misconceptions Center help me? Because there is so much confusion about the subject of , a lot of misinformation is The Sacramento County Public Law floating around. Some of these misconceptions Library’s Civil Self-Help Center is intended are addressed here: to assist unrepresented persons who have “I only told one other person!” chosen to pursue or defend against a civil Slander & This is not a . The of libel or slander lawsuit in the Sacramento Superior Court. only require that the defendant communicate with The Civil Self-Help Center is not intended Libel one person other than the plaintiff. to replace legal research and the “I was only repeating what someone else told assistance of an attorney. me!” This is also not a defense. Under the law, a person To this end, the Self-Help Center provides who repeats a defaming statement is also liable for legal information, not legal advice. The defamation. difference between the two can be “But I changed the name or didn’t use the name thought of as telling you what you can do of the person I was talking about!” versus what you should do. The question in a defamation case is whether it was reasonably understood that the person The Self-Help Center can help you referred to was the plaintiff. Referring to, for understand legal papers that you have example, “An unnamed government executive received, or can help make sure that you residing at 1600 Pennsylvania Avenue,” would have filled out certain legal forms reasonably cause a listener to understand that the correctly. We cannot advise you as to President was being discussed. whether you should file a lawsuit, what we “He lied about me in court; I want him to be believe your lawsuit is worth, or any other arrested for slander!” Slander and perjury are often confused. Perjury is strategic aspect of your case. making a false statement under oath, such as lying Because of these limits, we recommend in court. Perjury is a crime that can be prosecuted consulting with an attorney. If you choose by the District Attorney’s office. Unfortunately, not to consult with an attorney, we court testimony is considered “privileged,” and suggest that you conduct sufficient therefore cannot be the basis of a slander lawsuit A free informational guide courtesy of the (slander and libel only apply to non-privileged research to become familiar and Sacramento County Public Law Library and statements). comfortable with the law and legal Civil Self-Help Center. “But I added, ‘I think’ before my statement, so it procedure in your case. was only an opinion!” Sacramento County Public Law Library This pamphlet is intended for general Courts look at all the circumstances surrounding a educational use only, and is not intended 609 9th Street statement. While it is true that everyone is as legal advice or as a substitute for your Sacramento, CA 95814 entitled to an opinion, adding “I think” before a own legal research or consultation statement doesn’t necessarily turn a statement of saclaw.org with an attorney. fact into an opinion. H:\public\LRG-SBS\Pamphlets\Libel Slander.docx updated 5/21 kf Common Defenses to Defamation Claims Common Ques�ons about A number of defenses exist and are commonly Slander & Libel used to defend against defamation cases: Truth - Truth is an absolute defense in a What is the Difference between Slander and defamation case. If the defendant can show that Libel? the allegedly defaming statements are, in fact, The words “Slander” and “Libel” are frequently true, then the plaintiff is not entitled to a confused and used incorrectly. “Slander” is a judgment. Any plaintiff considering filing a spoken defamation while “Libel” is written or defamation case in court should consider the printed defamation. possibility that the defendant will assert a truth What is Libel on its Face and Slander Per Se? What is Defamation? defense. Any defendant should remember that Defamation is a false and unprivileged statement Some statements are considered to be winning a truth defense requires proof to the court of fact that is harmful to someone’s reputation harmful in and of themselves, and are that the statement is true. that is published negligently or maliciously. To considered defamation without proving actual Not a Statement of Fact/Opinion - Defamation prove a defamation claim the plaintiff must . cases only deal with statements of fact, not prove: A written statement is defamatory on its face opinions. A fact is something that can be proven 1. The defendant made an unprivileged or disproven, while an opinion is the type of statement to someone other than the if the natural and probable (likely) effect on statement that cannot be proven true or false. In plaintiff; an average reader is to defame the plaintiff determining whether a statement is an opinion or 2. The statement was a false statement of fact; without the of considering any a statement of fact, the court looks at the context 3. The statement was made about or was surrounding circumstances. of the statement. Falsely stating, “Bob punched Joe in the nose,” would likely be defaming because it understood to be about the plaintiff; An oral statement is slander per se if it falsely 4. The statement was negligently made (if the accuses Bob of a crime, while the statement “Bob plaintiff is a “public figure” then accuses the plaintiff of a crime, imputes the is a jerk,” is unlikely to be defaming, since it is a must be shown); existence of an infectious, contagious, or subjec�ve opinion. 5. Actual damage naturally arising out of the loathsome disease (i.e. HIV or syphilis), tends and Criticism/Plaintiff is a Public statement or that the statement was to directly injure the plaintiff in respect to her Figure - Statements of fair criticism and comment on matters of public interest are protected. slanderous per se or libelous on its face. office, profession, trade or business by falsely Plaintiffs who are public figures must prove that a Someone Lied About Me, How Much Can I Make imputing disqualification, or has a natural defendant had actual malice rather than mere Them Pay? tendency to lessen profits, or imputes in making the false statements, if those The damages that can be awarded depend on the impotence or lack of chastity. statements were in the realm of the area where facts of the case. Although the insult a plaintiff he/she is a public figure. feels is great, the harm done to the plaintiff’s Where Can I Look Up the Law for Privilege - Some statements, for example, the reputation is oftentimes minimal. This is Slander and Libel? testimony given under oath in a judicial frequently the case in disputes between family Slander and libel are described in the proceeding, are considered privileged. Defamation members or neighbors. On the other hand, California Civil Code §§44 - 48.9. You can find only deals with unprivileged statements. damages can sometimes be extensive, for example, in the case of a past employer making California statutes for free at Libel-Proof Plaintiff - A person whose reputation is false claims to a plaintiff’s prospective employer leginfo.legislature.ca.gov/ or at your local law tarnished as to have no value, such as a convicted in order to prevent the plaintiff from finding a library. Your local law library can also help serial killer, cannot prove damage. job. Punitive damages are sometimes awarded you find cases that clarify the law of slander Death - Although it is not nice to speak ill of the and are based on severity of the misconduct. and libel. dead, the dead cannot sue for it.