Libel vs. Slander: What is the Difference in Law?

Both are forms of “Defamation,” but the difference determines whether you must prove actual financial loss to win a lawsuit. Libel is written (permanent), while Slander is spoken (fleeting). In the age of social media, a single tweet is considered Libel, not Slander, making it much easier to be sued. Here is the legal distinction and the strict deadline to take action.

BMT Legal Team BMT Legal Team · 📅 Jan 2026 · ⏱️ 6 min read · LEGAL › CIVIL LAW
Libel
Written
Text, Post, EmailFact
Slander
Spoken
Speech, GossipFact
Limit
1 Year
Common DeadlineTime

1. The Rule: What Constitutes Defamation?

To win a lawsuit, you generally must prove four specific elements. Hurt feelings are not enough.

The 4-Step Test
1. False Statement: It must be factually wrong.
2. Published: It must be seen/heard by a third party.
3. Fault: The person was negligent (or malicious).
4. Harm: It caused damage to your reputation.

2. Comparison: Which One Is It?

The medium of the message determines the legal category.

Feature Libel (Written) ✍️ Slander (Spoken) 🗣️
Medium Emails, Blog posts, Tweets, Yelp reviews. Water cooler gossip, Speeches, Phone calls.
Permanence Permanent (Record exists). Fleeting (Hard to prove).
Damages Presumed. (Court assumes you were hurt). Must Prove. (Show actual financial loss).

Exception: Slander Per Se

Some spoken lies are so bad (e.g., accusing someone of a serious crime or a loathsome disease) that damages are presumed, just like Libel.

3. Timeline: The “1-Year” Window

Defamation cases have a very short “Statute of Limitations” compared to other lawsuits. If you wait too long, the court will dismiss your case.

Time Since Event Status Legal Standing
0 – 1 Year Active
Can File Suit
1 – 2 Years Varies
Depends on State
2+ Years Expired
Generally Barred
Planning Note
If you discover a damaging statement online, it is generally critical to screenshot the evidence and consult a lawyer within 1 year, as the clock usually starts from the date of first publication.

4. Strategy: The “Opinion” Shield

The most common defense against a lawsuit is claiming the statement was an “opinion,” not a “fact.”

  • Actionable Fact: “John stole $500 from the register.” (This can be proven true or false).
  • Protected Opinion: “I think John is a jerk and a bad employee.” (Subjective, generally protected).
  • The Strategy: Adding “I think” does not always protect you if the statement implies hidden facts (e.g., “I think John is a thief” implies you know he stole something).

5. Warning: Are You a Public Figure?

The law makes it much harder for public figures to win defamation suits.

⛔ The “Actual Malice” Standard

If you are a celebrity, politician, or public official:

  • You must prove the defamer knew the statement was false (or acted with reckless disregard).
  • Private Citizens: Only need to prove “Negligence” (carelessness).
  • Implication: It is very difficult for a politician to sue a voter for mean tweets.

6. Frequently Asked Questions

Is a text message Libel or Slander?
Libel. Because it is written and permanent. However, if the text was only sent to you (not a third party), it is not defamation because there was no “publication” to others.
What if I retract the statement?
It helps, but doesn’t erase it. A retraction can mitigate (reduce) the damages you have to pay, but it does not automatically stop a lawsuit if the harm was already done.
Can I sue for a bad Google Review?
Generally, no. Reviews are typically protected as “Opinion.” You would need to prove the reviewer lied about a specific fact (e.g., “They served me rat meat”) rather than a feeling (“The food tasted bad”).