Ask a Law Librarian: FAQ's about Legal Research

Defamation is an umbrella term for knowingly publicizing things about another person that aren't true and damage that person's reputation. There are two kinds of defamation:

• Slander is when falsehoods are spread verbally, for example, in an internet video, by talking to people, or in a broadcast speech. 

• Libel is when falsehoods are spread in writing, for example, in comments on an internet post or in a newspaper article or blog post.

If you want to sue someone for defamation, there are a few elements you must be able to prove, whether you are suing for slander or libel:

• The defendant knew or should have know that he or she was making an untrue or defamatory statement about you. 

• The false statement must clearly identify you.

• The defendant must have spread the false information to at least one third party who is not the target. For a libel case, they must do so in print, and for a slander case, they must do so verbally.

• The false statement must have damaged your character in some way.

If you want to sue someone for defamation, you have one year from the date that the statement was published, either in print or by being shared verbally. 

If you want to do more research on slander and libel, here are some good secondary sources you can use at your closest public access law library:

• New York Jurisprudence, Defamation and Privacy

• Practical Law Labor & Employment, Defamation in Employment References State Law Chart: Overview

• New York Pattern Jury Instructions, Division 3, part D on Torts Other than Negligence: Defamation