Can an author be sued for libel?

Authors are not often sued for libel, but it can and does happen. While you can never be 100 percent sure you are not at risk, there are some basic dos and don’ts that can help you reduce the probability your book could result in a lawsuit.

Does libel have to be false?

The Statement – A “statement” needs to be spoken (slander), written (libel), or otherwise expressed in some manner. Falsity – Defamation law will only consider statements defamatory if they are, in fact, false. A true statement is not considered defamation.

Was accused of libel for publishing an article that reported crimes committed by the governor of New York?

John Peter Zenger
The governor of New York secured an indictment of seditious libel against John Peter Zenger for publishing articles criticizing him. At this time in history and based on English common law, truth was not a defense for libel.

What makes a story libelous?

Libel is the publication of writing, pictures, cartoons, or any other medium that expose a person to public hatred, shame, disgrace, or ridicule, or induce an ill opinion of a person, and are not true. In short, libel is publication of false information about a person that causes injury to that person’s reputation.

How do you get around libel?

Know what constitutes defamation.

1. Stick to facts; avoid opinions that could be construed as facts.
2. No name-calling.
3. Let readers reach their own conclusions.
4. Don’t retweet or link to someone else’s potential defamatory material.

Is libel slander illegal?

Written defamation is called “libel,” while spoken defamation is called “slander.” Defamation is not a crime, but it is a “tort” (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming for damages.

What is libel as compared to slander?

This general area of law is called defamation law. Libel and slander are types of defamatory statements. Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral.

Is seditious libel still a crime?

The Brandenburg v. Ohio U.S. Supreme Court decision maintains that seditious speech—including speech that constitutes an incitement to violence—is protected by the First Amendment to the United States Constitution as long as it does not indicate an “imminent” threat.

Can you be charged with criminal libel?

In the past, and in other countries, criminal libel laws were used to criminalize dissenting speech and protests. China, in particular, has criminal laws that broadly prohibit speech against the government. The United States has taken careful measures to protect speech, making criminal libel charges a tough sell in most cases.

Can you libel someone by writing about them on a blog?

You can libel someone by writing about them on a personal blog, providing at least one person accesses the defamatory material. That is not to say that a defamatory publication on your personal blog carries the same risk as a defamatory publication on, say, the BBC website.

Is it difficult to review material for libel risks?

The most difficult question when reviewing material for libel risks is not whether material is defamatory, but whether a potential claimant is really likely to bring proceedings. Print publishers often have risky material reviewed by specialist lawyers before it is published.

What is the difference between libel and slander?

The law of libel is concerned with defamatory writings; whereas the law of slander is concerned with defamatory speech. There are some differences in the laws relating to slander and libel. It used to be thought that defamatory statements on a website would always be libellous rather than slanderous.