Legal Definitions - defamatory libel

Defamatory libel refers to the act of publishing a false statement about an individual or entity in a permanent form that harms their reputation. This includes statements made in writing, print, broadcasts, or online publications. For a statement to be considered defamatory libel, it must generally be:

• False: The statement must not be true.
• Published: It must be communicated to at least one other person besides the subject of the statement.
• Identifiable: The statement must be clearly about a specific person or identifiable group.
• Harmful to Reputation: It must tend to lower the person's standing in the estimation of right-thinking members of society, expose them to hatred, contempt, or ridicule, or cause them to be shunned or avoided.

Here are some examples to illustrate defamatory libel:

• Example 1: A local news website publishes an article falsely alleging that a prominent charity director has been siphoning donor funds for personal use. The article includes specific, fabricated details about luxury purchases and offshore accounts.

  Explanation: This would be considered defamatory libel because a false statement (siphoning funds) was published in a permanent, written form (news article) that clearly identifies the charity director. Such an accusation would severely damage the director's professional reputation and public trust, fulfilling the criteria for harm to reputation.

• Example 2: A popular social media influencer posts a video claiming that a new brand of organic food products is actually made with harmful, synthetic chemicals, despite having no evidence to support this assertion. The video goes viral, causing a significant drop in the company's sales and stock value.

  Explanation: This situation involves defamatory libel because a false statement (harmful chemicals) was published in a permanent, broadcast form (viral video) that clearly identifies the organic food brand. The false claim directly harms the company's reputation for product safety and integrity, leading to tangible financial damage.

• Example 3: In a published memoir, an author includes a chapter that falsely claims a former colleague, now a respected academic, achieved their doctorate through extensive plagiarism, providing fabricated quotes and sources to support the accusation.

  Explanation: This constitutes defamatory libel because a false statement (plagiarism) was published in a permanent, written form (book chapter) that specifically identifies the academic. An accusation of plagiarism is highly damaging to an academic's professional reputation, integrity, and career, thus meeting the requirement of harm to reputation.