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Defamation & harassment law guide

Libel vs. Slander: What Is the Difference?

Libel and slander are both defamation, but one is fixed and the other is spoken. Here is how the difference affects proof, damages, deadlines and online content.

Reviewed byIsabella Custódio Mesquita
Verified November 1, 2026
12 min read
15 official sources

Libel vs. slander: the short answer

Libel and slander are both forms of defamation: a false statement of fact that harms someone’s reputation. The difference is the form. Libel is defamation in a fixed form, such as writing, images or a published post. Slander is defamation that is spoken and fleeting, such as a remark at a meeting.

The label matters because the rules are not identical. Under the traditional rule, harm is presumed for libel, while a person suing for slander usually has to prove the harm they suffered (Cornell LII). Some states also give the two claims different filing deadlines.

What libel and slander have in common

Both are branches of the same legal wrong. Whether a statement was written or spoken, a defamation claim generally needs the same building blocks (Cornell LII):

A false statement presented as fact. A true statement is not defamation, however unflattering.
Publication. The statement reached at least one person other than the one it describes.
Fault. The speaker was at least careless about the truth. The required level depends on who the target is and what the statement is about.
Harm. The statement damaged the person’s reputation or caused another loss the law recognizes.

The exact elements vary from state to state. Our guide to defamation laws covers how each jurisdiction approaches them.

What counts as libel

Cornell’s Legal Information Institute describes libel as a defamatory communication embodied in physical form (Cornell LII). In practice, that covers anything that stays put and can be read or viewed again:

Newspaper and magazine articles, books and letters
Blog posts, news sites and web pages
Social media posts, comments and captions
Online reviews and forum threads
Photos, memes, drawings and edited images that convey a false fact

Because a fixed statement can spread and persist, it can do lasting damage. Under the traditional common-law rule, injury was presumed from the publication itself, so a plaintiff did not have to prove specific losses (Cornell LII). The First Amendment has since narrowed that rule, as explained below.

What counts as slander

Slander is a false, defamatory statement that is usually made orally (Cornell LII). Typical examples are a false accusation made in a meeting, on a phone call, at a public event or to a group of customers.

The key difference is proof of harm. Damages from slander are not presumed and must be proven by the person suing (Cornell LII). Often that means showing a concrete loss, such as a canceled contract, a lost job or lost clients. Lawyers call this special damages.

Slander per se: the main exception

Many jurisdictions treat certain spoken statements as so damaging that harm is presumed. This is known as slander per se. The Digital Media Law Project lists common categories: statements that attack a person’s professional standing, that say or imply they committed a crime of moral turpitude such as theft or fraud, that say or imply they have a sexually transmitted disease, or that say or imply an unmarried person is unchaste. Not every jurisdiction recognizes all of these categories (Digital Media Law Project).

California writes its version into statute. Civil Code section 46 lists spoken statements that accuse someone of a crime, claim they have an infectious or loathsome disease, damage their trade or profession, or impute impotence or a lack of chastity (Cal. Civ. Code § 46). Our guide to defamation per se goes deeper into these categories.

Libel vs. slander at a glance

Form: libel is fixed (written, printed, posted or pictured); slander is spoken and transient.
Proof of harm: traditionally presumed for libel; usually must be proven for slander, unless the statement is slander per se.
Evidence: libel leaves a record you can capture; slander often depends on witnesses or a recording.
Reach: libel can be shared, indexed and found years later; slander usually reaches the people who heard it.
Deadlines: often the same, but some states set different filing periods for each.

In the United States, most defamation disputes are civil lawsuits for damages. Neither form covers true statements or pure opinion.

Is online defamation libel or slander?

Most online defamation looks like libel. A post, review, comment or article is text that stays on a page, can be read by anyone and can be copied. It fits the idea of a statement in fixed form. The Digital Media Law Project also notes that if you publish something on the internet, you can assume the publication element is met (Digital Media Law Project).

Audio and video are less tidy, and the answer depends on where you are. California’s slander statute expressly includes communications by radio or other mechanical means (Cal. Civ. Code § 46). In England and Wales, by contrast, the Broadcasting Act 1990 treats words published in a programme included in a programme service as publication in permanent form, which places them on the libel side. That rule does not extend to Scotland (Broadcasting Act 1990, s. 166). Podcasts, uploaded videos, voice notes and live streams can raise the same question, so the classification depends on the jurisdiction and the facts.

One more point for online content. Under Section 230 of the Communications Decency Act, a provider or user of an interactive computer service cannot be treated as the publisher or speaker of information provided by someone else (47 U.S.C. § 230). In practice, the author of a defamatory post is usually the target of a legal claim, while getting the post taken down often runs through the platform’s own policies and reporting tools. Our guide on how to report defamation on social media walks through those channels.

Why the difference matters in practice

What you have to prove

With libel, the record usually speaks for itself: you can show exactly what was published. With slander, you may need witnesses who heard the statement and, outside the per se categories, evidence of a specific financial loss. That can decide whether a claim is worth pursuing at all.

How long you have to act

Filing deadlines are short in defamation cases, and they are not always the same for both forms. Arkansas is a clear example: actions for libel must be brought within three years (Ark. Code § 16-56-105), while actions for spoken slander must be brought within one year (Ark. Code § 16-56-104). California, by contrast, applies a one-year limit to defamation (Digital Media Law Project). See our guide to the defamation statute of limitations and the state pages, such as Arkansas and California.

Who the target is

The First Amendment adds a layer that applies to both forms. In New York Times Co. v. Sullivan (1964), the Supreme Court held that a public official cannot recover damages for a defamatory falsehood about their official conduct without proving actual malice: that the statement was made knowing it was false or with reckless disregard for the truth (New York Times Co. v. Sullivan, 376 U.S. 254). Later cases extended that standard to public figures and limited presumed damages in cases involving matters of public concern (Cornell LII). So the old presumption for libel is narrower today than it once was.

Which defenses apply

Truth, opinion and privilege are defenses to both libel and slander (Cornell LII). Labeling something as opinion does not protect it automatically, though: a statement that implies false facts can still be actionable. More than 30 states also have anti-SLAPP laws, which make it easier for defendants in certain speech-related lawsuits to have the case dismissed early (Cornell LII). Our anti-SLAPP laws guide explains how they can affect a case.

Libel and slander outside the United States

Other countries handle defamation in their own way. In England and Wales, the Defamation Act 2013 says a statement is not defamatory unless its publication has caused, or is likely to cause, serious harm to the claimant’s reputation. For a business that trades for profit, serious harm means serious financial loss (Defamation Act 2013, s. 1). The same Act also narrowed slander per se: a statement that someone has a contagious or infectious disease no longer supports a slander claim unless it causes special damage (Defamation Act 2013, s. 14).

Rules elsewhere can differ widely, including on whether defamation can be a crime. If the statement was made or read in another country, check that country’s rules before you act. Our defamation laws hub collects them by jurisdiction.

What to do if someone libels or slanders you

The first steps are similar for both forms. The goal is to protect your evidence and your options before deciding on a route.

Capture the statement. For libel, take full-page screenshots that show the URL, the date, the author and the context. Save the link. Posts can be edited or deleted at any time.
Record the spoken statement. For slander, write down what was said, when, where and who heard it while your memory is fresh. Ask witnesses to do the same. If you want to record conversations, check the recording-consent rules where you are first.
Document the harm. Keep evidence of lost clients, canceled deals, messages from people who saw or heard the statement, and any drop in revenue. This matters most for slander.
Check the deadline. Defamation filing periods are short and run from publication in many states. Note the date the statement was made.
Do not respond in anger. A public reply can amplify the statement and create new problems. Keep any contact factual and in writing.
Use the platform’s reporting tools. If the statement is online, most platforms have a process for reporting false or harassing content.
Talk to a licensed attorney. Whether you have a claim, and whether it is worth bringing, depends on the facts and the law where you are. Our guide on how to sue for defamation explains the process.

If the statements are part of a pattern of threats or repeated contact, the issue may also fall under online harassment laws.

How Media Removal can help

Media Removal is not a law firm and does not give legal advice. We work on the part of the problem that people see when they search your name: the content itself.

When defamatory content is online, we review it and identify the right pathway for each URL. That can be direct outreach to the publisher, platform-specific reporting, a defamation claim through the proper channels or a deindexing request to Google. You can see an example in our case study on a defamatory page removal.

Not every post can come down. Platforms, publishers and courts make the final decision, and we will tell you when the grounds are not there. When removal is not possible, we work to push the content down in your branded search results. For content removal, you pay only after it is removed. If the content is part of a fast-moving situation, our reputation crisis management team responds the same day.

Learn more about our content removal services, or request a quote and we will review your case. Every client signs an NDA, and so do we.

Frequently asked questions

Is a social media post libel or slander?

A written social media post is generally treated as libel because it exists in a fixed form that others can read and share. Audio and video content can be harder to classify, and the answer depends on the jurisdiction. Either way, a claim still requires a false statement of fact that caused harm.

Which is harder to prove, libel or slander?

Slander is usually harder. There is often no record of what was said, so you may depend on witnesses. Outside the slander per se categories, you also generally have to prove a specific loss, such as lost income or a canceled contract.

Can an opinion be libel or slander?

Pure opinion is generally protected because it cannot be proven true or false. Calling something an opinion does not protect it automatically, though. A statement that implies a false fact, such as "in my opinion, he stole from his clients," can still be defamatory.

Is libel or slander a crime?

In the United States, most defamation cases are civil lawsuits for damages. Some states still have criminal defamation laws on the books, and the rules in other countries can be very different, so check the law where the statement was made and read.

How long do I have to sue for libel or slander?

It depends on the state, and the period is often short. California applies a one-year limit, for example, while Arkansas allows three years for libel and only one year for spoken slander. Speak to a licensed attorney promptly.

Can defamatory content be removed even if I do not sue?

Often, yes. Many platforms remove content that breaks their own rules, and publishers sometimes correct or remove false content when asked. Removal is never certain, because the platform or publisher makes the final decision. When content cannot be removed, it can sometimes be pushed down in search results.

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