Slander lawsuits allege that an individual published something untrue about another party or group and thereby caused that party injury or damages. To be considered slander, the statement must have been published and made available to at least one reader.
Defenses in a Slander Lawsuit
The party accused of slandering another individual is able to defend against the accusations. Common defenses include truth, opinion, public interest, commiseration in publication and poor reputation.
Truth is an absolute defense to an accusation of slander. If the accused party can show that the statement as true, the case will be thrown out of court and the defendant will receive no damages.
Every person is entitled to an opinion. If a defendant can demonstrate that his comments were of an opinion, he may be able to avoid liability for any damages. Demonstrating that the statement was an opinion requires viewing the context of the individual that made the statement in the community. If the community would view the individual as having first-hand knowledge and as speaking the truth, the statement is unlikely to be looked upon as an opinion.
Another defense is that the statement was made in the interest of the public welfare. This defense does not require a showing that the statement was truthful, but just that it may prevent the general public from being harmed in some way.
That the individual alleging slander was involved in the public dissemination of the statements is a rarely used defense. However, in situations where the individual agreed to be involved in a publication or other type of media, it may be possible for a defendant to claim that the allegedly slandered individual knew and was involved in the publication.
The final common defense to allegations of slander is that the party alleging he was slenderized has a poor reputation. This defense is not commonly looked upon favorably by the fact finder.
Obtaining Legal Advice
If you are involved in a slander lawsuit, seek legal advice about your options and potential defenses. A lawyer will review the facts of the statement and its publication and discuss with you the options for defense that will work best.
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