Legal Definitions - defamatory libel

Defamatory libel is a statement that harms someone's reputation and is expressed in a fixed medium, such as writing, pictures, signs, or electronic broadcasts. It is both a crime and a tort, but it is no longer prosecuted as a crime. The act of making such a statement is called libel.

For example, if someone writes an article accusing a politician of corruption without any evidence, it could be considered defamatory libel because it harms the politician's reputation and is expressed in writing.

There are different types of libel, such as:

• Criminal libel: A malicious libel that is designed to expose a person to hatred, contempt, or ridicule and that may subject the author to criminal sanctions. However, because of constitutional protections of free speech, libel is no longer criminally prosecuted.
• Group libel: Libel that defames a class of persons, especially because of their race, sex, national origin, religious belief, or the like.
• Libel per se: Libel that is actionable in itself, requiring no proof of special damages. For example, the statement "Frank is a thief" is defamatory on its face.
• Trade libel: Trade defamation that is written or recorded. For example, if a company publishes false information about a competitor's product, it could be considered trade libel.

It's important to note that freedom of speech is protected by the First Amendment, but it does not protect defamatory statements. If someone is harmed by a defamatory statement, they can sue for damages.