What is malicious slander?
Asked by: Dr. Mateo Kling II | Last update: February 3, 2026Score: 4.3/5 (37 votes)
Malicious slander is making false, spoken statements about someone with the intent to harm their reputation, causing them actual damage, such as financial loss or social disgrace, and going beyond mere criticism to involve wrongful intent (actual malice). It's a form of defamation, but slander specifically refers to spoken (oral) falsehoods, unlike libel (written), and requires proving both the falsity and the malicious intent and resulting harm to succeed in a lawsuit.
What is the meaning of malicious slander?
Deliberate lying, making and Intentionally false statement simply to hurt another. Contrast to defamation.
What proof is needed for slander?
Legal Requirements for Proving Defamation
False Statement: The statement must be demonstrably false. Truth is a complete defense against defamation. Publication: The defamatory statement must have been made to someone other than the person defamed. Identification: The statement must be shown to refer to the plaintiff.
What legally qualifies as slander?
Slander is a false statement, usually made orally, which defames another person. Unlike libel, damages from slander are not presumed, and must be proven by the party suing. See, e.g. TXO Production Corp. v.
What evidence is used to prove malice?
Plaintiff must prove this element by clear and convincing evidence. Plaintiff can prove actual malice through circumstantial evidence and any reasonable inferences to be drawn from that evidence. You should consider the evidence in its totality, as well as any reasonable inferences you may draw from it.
What Qualifies as Malicious Prosecution?
What are the four types of malice?
The term covers: (1) intention to kill (direct express malice aforethought); (2) intention to cause grievous bodily harm (direct implied malice aforethought); (3) realizing while doing a particular act that death would be a virtually certain result (indirect express malice: R v Woollin [1999] AC 82); (4) realizing that ...
What are the 4 things to prove defamation?
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...
Is it worth suing someone for slander?
Suing for defamation can be worthwhile if the false statement caused significant harm, you have strong evidence and the damages are measurable.
What is a personal slander?
A slander is a type of defamation through spoken words; that is, by telling lies or making untrue statements. For example, say you own a cleaning business and find out that a new service is competing for your clients.
Can I go to jail for slander?
In states with criminal defamation laws, maximum jail sentences typically range from 6 months to 1 year. However, actual jail sentences are extremely rare and usually reserved for the most egregious cases involving repeated or particularly harmful false statements.
How much does it cost to sue for slander?
How expensive is a defamation lawsuit? The average cost of a defamation lawsuit at Minc Law typically ranges from $15,000 to $25,000. Some defamation lawsuits are resolved for less, while others may be more costly, depending on the unique facts of each situation.
What are the five elements of slander?
In order to prove a libel or slander claim, the employee must prove: (1) false communication; (2) unprivileged statement of fact (not opinion); (3) it was made about the plaintiff; (4) published to a third party; and (5) caused damage to the plaintiff.
How do you win a slander case?
Key Elements You Must Prove to Win
- The Statement Was False. You cannot win a defamation case if the statement at issue is true. ...
- It Was Published to Third Parties. ...
- It Caused You Real Harm. ...
- It Was Made With At Least Negligence.
What are examples of malicious behavior?
Malicious Intent
- Someone who spreads rumors or lies about another person, intending to damage their reputation.
- A bully who picks on someone else to make them feel bad.
- A terrorist who carries out an attack to hurt innocent people.
- A hacker who breaks into a computer system to steal data or cause damage.
How serious is a slander charge?
In California, defamation—whether spoken (slander) or written (libel)—is not just an issue of reputation. It can result in significant legal consequences, including economic loss, emotional distress, and long-term professional damage.
Can I sue for malicious communication?
Under Section 127 of the Communications Act 2003, a person is also guilty of an offence if the purpose of their communication is to cause annoyance, inconvenience or needless anxiety to another. Malicious communications can include: Making hoax calls.
What is the punishment for slander?
Legal basis Art. 358. Slander. - Oral defamation shall be punished by arresto mayor in its maximum period to prisión correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding Twenty thousand pesos (P20,000).
What is personal slander?
Generally, slander occurs when the reputation or good name of someone is damaged as a result of false statements that are made orally.
How to press charges against someone for slander?
The process begins with gathering evidence to prove that the statement was false, caused harm, and was made with malicious intent. After filing a defamation lawsuit, both parties will present evidence, and if the case goes to trial, a judge or jury will decide.
What evidence is needed for emotional distress?
To prove emotional distress in court, it's essential to draw a direct connection between the defendant's actions and the emotional suffering experienced. Strong proof, such as medical records, psychological evaluations, journal entries, and witness observations, helps demonstrate how the trauma affected daily life.
Who cannot be sued for defamation?
You cannot sue for defamation based on statements considered “privileged.” For example, when a witness testifies at trial and makes a false and injurious statement, the witness will be immune to a lawsuit for defamation because the act of testifying at trial is privileged.
What damages can you claim in a slander case?
In some states, general damages are allowed in libel (written) but not slander (verbal) defamation cases. In other states, victims of slander can recover general damages, but only when the false statement is obviously harmful (called "slander per se") and caused the plaintiff financial harm.
How much evidence do you need for defamation?
The burden of proof is upon the Claimant. To prove defamation, you need to establish that: The statement made against you is not substantially true. The statement was made knowingly or recklessly.
What are the emotional distress damages in defamation?
This harm can manifest in various ways, including anxiety, depression, humiliation, and loss of sleep. To successfully claim emotional distress in a defamation case, plaintiffs typically need to demonstrate: Severity of Distress: The emotional distress must be significant. Minor or fleeting discomfort is insufficient.
What are the consequences of slander?
Possible penalties for slander may include compensatory damages for actual harm, punitive damages to punish malicious actions, court orders to cease further defamatory statements, and mandatory retractions or public apologies. These measures serve justice for the victim and deter future slanderous acts.