What constitutes slander?

Slander refers specifically to spoken defamation, which occurs when one party makes false statements about another that harm the latter's reputation. In the context of tort law, for a statement to qualify as slander, it must be spoken, not written or conveyed in any other form. This distinction is vital because written defamation falls under a separate category known as libel, which generally carries a different set of legal considerations and standards.

The essence of slander lies in the transient nature of spoken words, as opposed to the permanence associated with written statements. The law typically requires that the plaintiff demonstrating slander show not only that the statement was false and damaging but also that the remarks were made to a third party and not just privately. The impact on the victim's reputation is a central element, and slander is often easier to prove if it falls into certain categories, such as accusations of criminal behavior, professional incompetence, or allegations of a loathsome disease.

Other forms of defamation, such as visual or implied defamation, do not fit the traditional definition of slander. Visual defamation might involve images or gestures that convey a damaging message but do not count as verbal statements, while implied defamation involves insinuations rather than direct statements.