Legal Definitions - libellous

The term libellous is an adjective used to describe a statement or publication that constitutes libel. Libel refers to a false and damaging statement about an individual or entity that is communicated in a fixed form, such as writing, print, or broadcast, and harms their reputation.

For a statement to be considered libellous, it generally must meet several criteria:

• It must be false.
• It must be published or communicated to at least one other person besides the subject.
• It must be defamatory, meaning it tends to harm the reputation of the subject.
• It must identify the subject, either directly or indirectly.
• It must be made with a certain degree of fault (e.g., negligence or malicious intent), depending on whether the subject is a public or private figure.

Here are some examples illustrating how a statement might be considered libellous:

• Example 1: A local newspaper runs a front-page story falsely accusing the owner of a popular bakery of using expired ingredients and unsanitary practices, leading to a significant drop in sales and customer boycotts.

  Explanation: This newspaper article contains libellous statements because it makes false accusations about the bakery owner's professional conduct, is published in a widely read format, directly harms the owner's business reputation, and clearly identifies them.

• Example 2: During a heated online debate, a user posts a comment on a public forum falsely claiming that a specific university professor plagiarized their doctoral dissertation, causing the professor to face an internal investigation and public scrutiny.

  Explanation: This online comment is libellous because it's a false accusation of academic misconduct, published online for others to see, directly damages the professor's professional reputation, and clearly identifies them.

• Example 3: A political campaign distributes flyers asserting, without any factual basis, that an opposing candidate has a criminal record for fraud, intending to sway voters before an election.

  Explanation: The flyers contain libellous statements because they are false claims about the candidate's character and past, distributed publicly, designed to harm their reputation and electoral prospects, and clearly target a specific individual.