The 3 differences between libel and slander: how to distinguish them?

Let's see how to distinguish between slander and libel, and their legal implications.

The words "libel" and "slander" are very often used as synonyms since they both refer to acts that attack someone's honor and incur a crime.

However, although they are often used in the same environments, they are not the same. Some are the peculiarities and legal consequences of the act of libel and slander, so it is not appropriate to use them interchangeably.

In the following we will see what are the differences between libel and slander. we are going to see what are the differences between libel and slanderand also to understand more in depth what these two words mean.

The main differences between libel and slander.

It is common to hear on television sets, in the press and on the radio two words that, having become popular almost at the same time, many people believe to be synonymous: injurias and calumnias (slander). According to the Spanish Penal Code, both refer to acts constituting criminal offenses, i.e., they are criminal acts. However, in the media, increasingly judicialized environments, these two terms are used erroneously from a technical-legal language perspective.

Libel and slander are not the same thing.. There are some legal differences and terminological nuances that make it more appropriate to use one word or the other. Before going more in depth with the main differences between these two terms, let's see the extensive definition of what is a libel and what is a slander, besides giving some examples.

What is a libel?

A slur is any expression that consists of imputing to someone false facts that violate his dignity. In other words, they are objectively offensive actions that damage the reputation of the person being attacked and, in addition, the person making the insult knows that what he is saying is not true or has a harmful character. In other words, an insult is an intentional action that intends to attack the honor of the person being insulted, attributing to him/her a conduct that, socially, is interpreted as unworthy or immoral, but not criminal.

Examples of insults are insultsInsults, as long as they are said with the clear intention of discrediting someone. The insult must affect the honor of the person insulted and be sufficiently serious for him to be able to denounce it, and there must be evidence that the person who has made the insult has said it with the clear intention of damaging the reputation of the injured party.

Another example of insult, especially common in the Heart of the news, is to claim that someone has been unfaithful to his or her partner, knowing that it is not true. Being unfaithful is not a crime, but it is an act that is socially considered morally questionable, causing the person to whom it has been attributed to lose reputation or receive a negative opinion from society. For this reason the person who has received the insult can denounce the person who attacks him/her because it makes him/her run the risk of losing his/her partner or being seen by society as a promiscuous person. Types of insults

In the Spanish Penal Code, insults are regulated by articles 208 and the following ones. In the code there are two types of insults depending on the publicity given to them:

On the one hand we have the "normal" insults, which would simply be the act of insulting, that is, attributing to someone the fact of having committed a morally questionable act at a given time and in a given context.

On the other hand we have the aggravated type, insults that are considered serious because the person who has made them has not only damaged the honor of the injured, but has also promoted that false statement using various means, such as social networks, television, newspaper...

What is slander?

A slander is the action of falsely attributing to someone to have committed a crime.... In other words, slander consists of affirming that a person has committed a crime knowing that he/she has not done so with the sole intention of harming him/her both socially and legally. On the one hand, the honorability and reputation of the slandered person is undermined, generating in the public opinion the idea that he is not respectful of the law, while on the other hand, it is claimed that he has committed a crime, causing the authorities to investigate him and treat him as a suspect or accused until it is proved that the crime has not been committed.

A clear example of slander is to denounce that a politician has stolen from the state coffers to pay for a villa. This type of affirmation can generate a negative opinion in his party colleagues as well as in the opposition, causing him to run the risk of losing his party membership card or being forced to resign from his position. In addition, he/she may be disqualified from holding any public office during the time he/she is under investigation.

Types of slander

Slander is regulated in articles 205 and following of the Penal Code. As with slander, there are two types of slander depending on the publicity given to them: normal, in which a crime is simply attributed to someone without giving it too much social extension, and aggravated slander, in which there is promotion of that statement by different media platforms..

What is the main difference between libel and slander?

The main difference between libel and slander is the type of content of the false statements made about the person attacked..

Both acts are legally punishable, however, what is said in them has different social and legal repercussions for the person attacked. While a libel involves asserting something morally questionable about the person being libeled, a slander goes further, attributing to him or her the commission of a crime and, therefore, causing him or her to have to be investigated.

Slander and libel are crimes, however, the line between insult and slander or libel is quite subjective.. For this reason, the Spanish Penal Code typifies insults and slander with the intention of specifying which situations involve an attack on the honor and dignity of the person insulted or slandered, trying to distinguish them from those that are merely insults devoid of real harm, such as calling a person "asshole" or "bastard".

What to do if we feel insulted or slandered?

Based on what we have said, a false statement is an insult or slander when what is said is an attack on our honor and dignity, whether we are accused of having committed a moral fault or a legal crime. As we said, the line between insult and slander and libel is somewhat subjective, since what for one may be seen simply as a slight insult may be considered by another as a real attack against his honor.

For this reason, in case we feel insulted and slandered, the first thing to do is to go to a lawyer to tell him about the case and that he/she considers if a crime against our honor has really been committed. If, for example, there are no clear signs that the person who has attacked us has done so with the intention of violating our honor, there will be no crime.

In case there is, what the lawyer does first is to make a written request for a conciliation act to be held in the Court of the locality where the affected person lives, this being the mandatory step before filing a lawsuit. The act of conciliation intends that both parts reach an understanding before making the problem go to more and the matter goes to court.with its legal and economic repercussions for both parties.

If it is considered that there has been libel or slander and there is no act of conciliation, the punishment or penalty for the person who has attacked the complainant varies depending on the content of the false statement and how far it has gone. For example, for a normal slander, that is, one that has not been publicized, the punishment can be a fine of six months, while for serious slander, attributing a crime and on top of that making it media, there can be a prison sentence of two years.

Bibliographical references:

• López, N. (2017). Estas son las diferencias entre una injuria y una calumnia. Legálitas.
• Sot-Torres, D. (2014). Basic legal culture: Difference between injuria and calumnia and demanda and querella. aob abogados.
• Gago, L. (2019). What are the differences between libel and slander. Gaia Lawyers.