What Constitutes Slander Per Se?
4 types of statements:
Most States in the U.S. and their defamation laws outline four types of statements which would be considered Slander Per Se:
Crime: Statements charging the plaintiff with having committed a crime or a crime of moral turpitude.
Loathsome Disease: Statements imputing the plaintiff suffers from a loathsome disease (typically, STDs & leprosy).
Chastity: Statements imputing the plaintiff is unchaste and has engaged in sexual misconduct.
Profession: Statements imputing the plaintiff has acted improperly or committed misconduct in regards to their trade, occupation, profession, or business.
In these circumstances a statement will always be considered defamatory and will be assumed to harm a person’s reputation without the need to provide proof of harm.
Libel or Slander?
Libel or Slander? Which One is It When You Are Defamed On the Internet?
The age old question that most people seem to mix up. Which one is it when someone posts false and defamatory material about you or your business on the Internet? Libel or slander?
We’ll get to all of that in the body of this post, but first, let’s tackle the social construct and context of online defamation.
Online defamation has the potential to cause significant damage to not only a person’s reputation, but to their:
Mental health, and
In the last few decades, defamation has evolved from a construct limited by community and inefficient channels of communication, such as a newspaper, magazine, or telephone, to now a tangible reality at the fingertips of anyone with a computer, smartphone, or PC.
Now, instead of affecting injured parties at a small-town or geographically limited level, online defamation knows no boundaries and can follow a person across the world – permeating language, class, and country.
Defamation is now on a global scale.
All thanks to the Internet and World Wide Web, online defamation and its meteoric rise has come upon us at an alarming rate. Whereas, we used to have to deliberately sit down to hand-write a note or compose an email, now, such period of cooling off is long gone. And today, most people are electronically plugged in wherever they are, whether it be the subway, library, or even the middle of the countryside.
A moment of anger and jealousy can have devastating effects – delegating the role of judge, jury, and executioner to one person. Additionally, the proliferation of consumer advocacy and review sites provides a newfound incentive for posters to maliciously attack and defame businesses in order to obtain free or discounted products and services.
As you can see from our site, defamation has spread so wide, and embedded itself in the deepest fabrics of society, that we have made a profession out of combatting the humiliation and embarrassment brought on by it.
Now, let’s get into more technical definitions of what constitutes defamation of character, its elements, and common defenses used by defendants. We will also explore persons who are high risk of becoming a victim of online libel and defamation.
If you’ve been the victim of online libel or defamation, time is of the essence. Online defamation is like a wildfire, and should be put out before it has time to spread and cement itself into Google and Internet search results.
Reach out to the libel removal lawyers of Webcide.com today to schedule an initial, free, no-obligation consultation.
We’re here to protect your reputation.
Slander vs. Libel
Libel and slander are both types of defamation, which is defined as a false statement published to a third-party damaging a person’s reputation. Libel and slander possess the same elements, but come in different form. Let’s first tackle the overarching definition of defamation of character, which requires the following four elements be proved by the plaintiff in order to succeed in their claim.
The factual statement or assertion was untrue,
The false statement was made by the defendant was unprivileged,
The defendant made the statement with at least negligence, and in some cases actual malice, and
The false factual statement caused harm to the targeted individual’s standing or reputation leading to damages or other harm. Or, the statement was so inherently defamatory, that the plaintiff need not prove damages – also known as defamation per se.
The best way to combat negative results is to suppress them with positive content. Instead of spending time and money on tactics that won’t lead to any long-term solutions, we recommend that you consistently create high-quality content that is search engine friendly. Additionally, regularly engage on various social media sites where you build and connect with relevant communities. This creates a network of relevant, accurate content and web properties that will start rising higher in Google when people search your name. Not only will this help bury negative Google results, but it will protect you from any future negative search results appearing in the future.
Understanding how to remove negative articles from Google is actually fairly straightforward. The real trick is being patient and consistent. This is where most people flounder and get desperate for a quick-fix. However, if you regularly follow the steps we listed above, it’s just a matter of time until you push those negative Google results down.
Let’s break defamation down even further, which can be classified into both slander and libel.
Slander is a false spoken statement damaging another person’s reputation, while libel is a false written statement damaging another’s reputation.
The general public usually mixes up the two, and considers anything that is defamatory to be slander, when in fact, online defamation should be correctly named ‘online libel’ – due to it appearing in written form. Think about the various forms of communication on the Internet; blog posts, emails, webpages, forum postings, and other textual forms – these would all be considered online libel.
For reference, the party making a libelous or slanderous statement is often referred to as a:
Famacide (a lesser known term).
Factual statements are statements that can be proven or disproven.
Libel Removal Tip: Defamation insurance is a powerful tool if you are a party at high-risk of defamation and libel claims. Defamation insurance covers libel and should be procured if you are a freelancer, journalist, or independent contractor who engages in high-profile work.
Note that when proving the third element of defamation, depending on whether a plaintiff is a private or public figure, they will have different burdens in proving the intent the defendant acted with.
Since every person’s situation is different, and specialized tactics can often go a long way, we recommend talking to a Reputation Advisor who can help you figure out your best course of action. At the very least, we’ll leave you with a actionn plan you can follow yourself to fix your unwanted results. We can also manage this process for you with our Online Reputation Management Services.
Private individual: Private individuals have not availed themselves to a public life, therefore when defamatory statements are made about them and published online, it is an extreme invasion of their privacy. Therefore, private individuals are only required to prove the defendant acted negligently when making or publishing the statement. Private individuals should not have to jump through countless hoops to bring a claim after being defamed online.
Rather not set up a call with a Reputation Advisor? No worries.
If you think you might still want help or advise on how to bury negative Google results, you can email or chat on our website to find out more information. Our team will be happy to work with you and find what services will be the most effective for your situation.
There’s a livechat option on the bottom of the this page to message with one of our reputation advisors.
What can you do to get negative news articles off Internet Search Engines like Google or Bing?
You don't have to let a negative news article ruin your online reputation. Although some people believe there's no remedy to recover a bad internet reputation after a negative news story has been picked up by the press and published in an online newspaper article where it's easily discoverable via Google, Bing and other search engines.
The good news is that this is simply and entirely untrue!
While it is factual that many news sites may refuse to delete negative articles or remove your name from an unfavorable article, editors at other news publications will sometimes comply with content removal requests if they're made in the right way, by the right people. When a newspaper refuses to take down a story, there are still a number of viable options available to help victims of bad press recoup their good name after having harmful, often inaccurate, news articles published about them online.
How to Remove Negative Newspaper Articles from the Internet
So while it might not be easy, it is possible to have articles entirely removed from online newspaper publications. In fact, complete removal of the damaging news article should be the first thing you attempt to do to get rid of the negative publicity online. Below we've outlined possible ways to combat negative news site articles on search engines like Google.
A) Contact the News Site to Remove the Negative Article
Contact the Owners/Editors of the Online News Publication
Google and other search engines recommend that you attempt to get in contact with the administrator of the news websites that have published the negative article about you or your company and request that they delete the derogatory story.
Because the administrator's of online news publications can be difficult to find and get a hold of, and because even if you do successfully get in touch with an admin of the news sites in question, they're typically reluctant, if not downright unwilling, to accommodate request to remove content, this option seldom produces the desirable results.
In most cases, the attempt to identify and contact website administrators of online news publications results in a wild goose-chase or a disappointing denial to remove the negative article.
Make a Legal Removal Request to get the Negative Article Removed
Public official: Public officials have taken the risk that acting as a public figure, they will be discussed about – in furtherance of politics, social policy, and the overall public’s right to stay informed. When bringing a claim for defamation, the standard is a bit tougher for public officials, and they are required to prove the defendant acted with actual malice, or reckless disregard.
An important note when dealing with online defamation – it can take many forms. Even video and audio recordings on the Internet (two forms of defamation becoming increasingly popular), remarks made in a podcast, Youtube, or other recordings can all be considered defamation – and most correctly defined as libel.
Keep in mind that no matter the medium it is conveyed in online, as long as it is a published false statement or accusation, it will amount to defamation – libel or slander.