Also known as: libelous · libellous · libel
Written by attorneys · grounded in primary & secondary sources — see below
A publication of defamatory matter by written or printed words, by its embodiment in physical form, or by any other form of communication possessing the potentially harmful qualities characteristic of written or printed words.
Lars Lindstrom reads an article in a printed magazine published by Lexicon Media that falsely accuses him of embezzling client funds. The article appears in a physical edition sold at newsstands. Because the defamatory statements take written form, the publication qualifies as libelous and exposes Lexicon Media to liability without proof of special harm.
Liam Larson, a resident of State M, sues Lunar Dynamics after its magazine containing false statements about his business practices reaches thousands of subscribers in State M each week. Lunar Dynamics maintains regular distribution networks and marketing campaigns in the state. The ongoing circulation of the written publication into the forum permits the court to exercise personal jurisdiction over the libelous content.
Select any source to read its text and confirm it supports the definition.
Levi Lowe discovers that Liberty Trust mailed a detailed report containing false accusations of fraud to hundreds of investors across multiple states. The report was prepared after weeks of internal review and deliberately sent to a broad audience. The extensive area of dissemination and premeditated character of the written publication support classifying the statements as libelous rather than slanderous.
Lola Langley watches a televised news segment produced by Lotus Pharmaceuticals that falsely claims she diverted research funds for personal use. The segment airs nationwide and reaches viewers through both live broadcast and recorded rebroadcasts. Because the defamatory matter is communicated by television, the publication is libelous regardless of whether the script was read from a manuscript.
Lance Lee learns that a printed newsletter distributed by a trade association falsely labels him as having committed professional misconduct. The statements appear in a widely circulated written document. The publication is libelous, so the association faces liability even though Lance Lee cannot prove any special harm to his business.
Lila Lin sues a newspaper after it prints a false written story accusing her of unethical conduct in her law practice. The story reaches readers throughout the community. Because the publication is libelous, Lila Lin may recover at least nominal damages even if she presents no proof of actual reputational injury.
A broadcast of defamatory matter by radio or television is treated as libel because the medium possesses the permanence and wide reach associated with written publications. This classification applies whether or not the statements are read from a manuscript.
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A plaintiff need not prove special harm when the publication qualifies as libel. Liability arises from the false publication itself, and the plaintiff may recover at least nominal damages plus any proven actual harm.
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Courts consider the area of dissemination, the deliberate and premeditated character of the publication, and the persistence of the defamation. These factors help determine whether the communication carries the harmful qualities of written words.
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A publisher that regularly circulates its magazine in a state and thereby causes potential injury there may be sued for libel in that state. Regular distribution creates minimum contacts sufficient for personal jurisdiction because the publisher can reasonably anticipate being haled into court where the publication is sold.
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…Mr. Sullivan." The trial judge submitted the case to the jury under instructions that the statements in the advertisement were "libelous per se" and were not privileged, so that petitioners might be held liable if the jury found that they had published the advertisement and that the statements were made "of and concerning"…