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If someone were to go to the press or media outlet to reveal vertain facts about a person in a negative light, can they still be prosecuted for slander even if what they reveal are true facts?

Is slander only for fabricated facts or even true ones?

2007-12-16 11:34:38 · 11 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

11 answers

Fabricated facts. Libel is the written version of slander.

Technically speaking, writing a note to be passed around, spreading an UNTRUE rumor about a classmate could legally be considered libel.

The press deals with this on a larger scale.

Politicians mostly deal with slander.

You can't be "prosecuted" for slander or libel, but whoever you slander can sure sue the pants off of you. It's what separates civil law from criminal law. In civil court, you don't have to worry about going to jail unless you also violated criminal law.

OJ Simpson is a good example of how the courts work separately. He was found not guilty in criminal court so he was set free, but found guilty in civil court, forcing him to pay money to the victim's family.

2007-12-16 11:36:47 · answer #1 · answered by Cosmodot 5 · 2 0

SLANDER - A false defamation (expressed in spoken words, signs, or gestures) which injures the character or reputation of the person defamed; distinguished from libel. No, they can't be prosecuted for slander if what the person is saying is true, because slander is a FALSE statement, not a true statement

2016-05-24 06:30:19 · answer #2 · answered by ? 3 · 0 0

A person would not be prosecuted, it would be a civil lawsuit.

Frankly speaking, anyone can sue anyone else. If what was sad or written about the person was the truth then that would be a defense to a slander or defamation of character lawsuit.

2007-12-16 12:50:53 · answer #3 · answered by Kevin 6 · 2 0

One can be sued for just about anything in America. If the facts turn out to be true, the slander law suit will lose and the person suing will be liable for court costs plus potentially open themselves up to a counter law suit.

2007-12-16 11:39:38 · answer #4 · answered by Anonymous · 1 0

Prosecuted refers to to CRIMINAL charges. Slander is a CIVIL offense. You CAN'T be prosecuted for slander. You can be SUED for anything at any time. Truth is an absolute defense against libel and slander. In short, they can sue, but legally, you should win.

Trooper3316: I don't doubt you are in law enforcement, but you are obviously NOT an attorney. Truth is an ABSOLUTE defense against slander. 'Good Faith' is a SEPARATE conditional defense. Proving good faith is not in and of itself a complete defense, but it contributes to a defense even if the 'facts' prove false.

2007-12-16 12:50:52 · answer #5 · answered by STEVEN F 7 · 1 0

Keep in mind you cannot be prosecuted for slander as it is NOT a crime. You can be sued, as the above posters stated, but not prosecuted.

2007-12-16 11:43:38 · answer #6 · answered by LEO53 6 · 1 1

Whether,it is fact,fiction or fabricated you have scandalized my name.Do expect a subpoena ordering you to appear in court.You have disrupted my life- every since the rumor has started I have lost my job.JUST right before I was about to excel to a higher position.Your allegations were unnecessary and totally unfounded.

2007-12-16 12:25:11 · answer #7 · answered by yp_will_chicago_369 6 · 0 1

A defense to slander requires two things
1. the facts are true
2. they are communicated in good faith

Even if the facts are true, if the person can show damages, and there is no good faith, you can be sued.

2007-12-16 11:51:04 · answer #8 · answered by trooper3316 7 · 1 1

Slander is a spoken defamation. Defamation or "defamation of character," is spoken or written words that falsely and negatively reflect on a living person's reputation.

So no, if it is fact it cannot be slanderous

2007-12-16 11:41:58 · answer #9 · answered by Steve A 2 · 2 1

If you were taken to court then you would need to be able to prove what you said is true otherwise you could be done like a dog's dinner.

2007-12-16 11:39:29 · answer #10 · answered by Anonymous · 1 0

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