Libel is a legal action for defamation, which is the act of making false statements about someone that damage their reputation.

Definition:

Libel is a type of defamation that is made in writing or through other permanent written or visual media. It is a civil wrong that can give rise to a lawsuit.

Elements of Libel:

• Defamation: The act of making false statements about someone.
• Malice: The intent to harm the person’s reputation.
• Publication: The dissemination of the defamatory statement to a third party.
• Damage: Harm to the person’s reputation or business.

Types of Libel:

• Slander: Defamation made verbally.
• Libel per se: Defamation that is deemed to be inherently harmful, such as accusations of fraud or embezzlement.
• Libel per quod: Defamation that is made about a specific matter, such as a person’s character or reputation.

Legal Consequences:

• Damages: The plaintiff can sue for damages for defamation, including actual damages (e.g., lost business) and punitive damages (e.g., intended harm).
• Injunction: A court can issue an injunction to prevent the defendant from continuing to make defamatory statements.
• Defamation Per Se: In some jurisdictions, there are specific laws that penalize defamation per se, such as California’s Civil Code section 460.

Example:

A journalist writes an article accusing a politician of corruption. The politician sues the journalist for libel, claiming that the article is false and defamatory.

Legal Considerations:

In this case, the journalist would have to defend the lawsuit by proving that the statement is true, that it was made with reasonable care, and that it did not intend to harm the politician. The court would then determine whether the journalist has met their burden of proof.