When does an opinion become slander?
Answers:
The law affords people freedom of speech. We can say anything we want with impunity unless it is done maliciously or without regard to the truth.
You may have an opinion of someone but if you tell deliberately lies which impute on the character of the person you can be guilty of slanderous remarks.
It is often said that libel is addressed to they "eye" whereas slander is addressed to the "ear". Some remarks you make about a person are always slanderous. To say that someone is "an adultery" is slanderous and to dishonour anyone in any trade, calling or profession is slanderous.
The comments you make must be knowingly untrue, made reckelessly or without regard to the truth. No liability will lie if you say something which is true. You could not be liable if you called Mike Tyson a "rapist" or described Jeffrey Archer as a "fraud". Proof of their convictions is sufficient to enable you to pass comment.
However, although you are able to pass reasonable comments even if someone has in the past had a previous conviction and you use it as a means to use spite or malice against them you can be liable under the Defamation Act even though the words spoken are true.
In defamation there is what is known as he "inuendo". On the face of it the words do not necessarily contain any malicious intent but the malice is "hidden". For example - I may use the words "The Spice Girls - what a brilliant group!". Does that mean I think they are "brilliant" or is my ulterior motive to discredit them and impute they are in fact the opposite?
The law attempts to allow freedom of expression whilst at the same time protecting people from attacks on their character - this is sometimes a difficult balancing act.
Hope that helps!
If it costs the person financially or gets them falsely arrested.
When it is stated as a fact but is not.
An opinion becomes slander only after you try to discredit the individual. And slander isn't protected by the first amendment because it infringes on the rights of others. Hope that answered your question..
when what you say could lower the person in the estimation of society. That's a very simplistic definition, and there are various defences in law, you ought to look it up really, but basically, think about whether someone would think badly of a person if they heard the particular opinion. (for instance, to call someone a thief or drug taker could be slanderous if you have no proof that they are and if in your society thieves and druggies are frowned upon).
If your comment is made maliciously it makes it worse, for instance by announcing in front of the whole class that so and so is a thieving druggie.
When the one expressing the opinion goes beyond opinion and starts telling lies.
Opinion never is slander.
What the courts will decide is whether the 'utterance' (whether published or spoken) fits the definition of opinion or fact based on the totality of the evidence.
For example, you can say "I think this person is a criminal" and that is opinion. What you cannot say is "This person robbed the First National Bank" by saying that you crossed the line from opinion to stated fact.
And just to be clear. Even if the court finds that an opinion is stated as fact, the second test is whether the utterance was known to be false or the person making the utterance should of or had the ability to know the utterance was false.
Damages have nothing to do with judical determination of slander. That is a matter of law AFTER the determination is made.
Assuming it is incorrect or false...it becomes slander when shared with the general public (within communications reach of the opinion holder)...ie. stating one's opinion of the worthiness of a Judge to one's friends/family is opinion...stating one's opinion of a Judge in a crowded restaurant for all to hear can be slander...it is a grey area, surely, but that's it as I was taught...however, it is NOT slander if it can be proven to be true in the US.
This is not the case in several other countries...ie. the Phillipines.you must prove it true AND prove that it was in the publics best interest to hear it...
In law, defamation is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against criticism.
The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action.
"Defamation" is the general term used internationally, and is used in this article where it is not necessary to distinguish between "slander" and "libel". Libel and slander both require publication. The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, internet blogging and the like, then it is considered libel.
An opinion is not slander, unless you state it as a fact, everyone is entitled to a personal opinion about another person or service..
An opinion is saying only your own idea of things in your own poin of view. It will become sladerous if somebody will complain to the court about your opinion.
When the wording changes from, "I think that these people are .." to "These people are ...". If something is an opinion, as indicated by the presence of "I think" then it is only a view held by somebody. If a statement is made, eg "They were negligent leaving three young children alone in a strange house in a foreign country without adult supervision!" then it becomes a statement, which if it can be disproved, then that is slander. It is simply with the inclusion or omission of the words "I think"
An opinion becomes a slander when it is voiced openly to several people (who are separate or together) and when that opinion cannot be proved or substantiated.
when someone gobs off their opinion where they can be heard, then it becomes slander
An opinion is just that
It is quite legal to say to the police " that it is your opinion that they smell of bacon " and there is nothing that they can do , unless they lie
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