Slander (Tort)

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Slander

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A defamatory statement in a transient form. This is primarily by means of spoken words or gestures.

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Cases where slander is actionable per se

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An imputation of a crime

An imputation of certain diseases

An imputation of unchastity or adultery

An imputation affecting professional or business reputation

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Imputation of Crime

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If a defendant alleges that the claimant has committed a crime punishable by imprisonment or corporal punishment (not fine), that allegation can amount to slander action per se. It must be proved that the defendant directly asserted the claimants guilt.

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Griffiths v Dawson

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In Griffiths v Dawson, Mr. Dawson in the presence of witnesses said to Mr. Griffiths "you are a criminal; you sabotaging my wife"

The court held that no reasonable person hearing the words uttered would conclude that Mr.Dawson was accusing Mr.Griffiths of a crime punishable by imprisonment. The words used amounted to vulgar abuse and not slander

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Not slander but Vulgar abuse

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Words of heat and anger

Words understood by persons present to be words of heat and anger

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Imputation of Certain Diseases

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If A alleges that B is infected with certain contagious diseases this amounts to slander actionable per se. This applies to venereal diseases, leprosy, plague and contagious skin diseases (caused by uncleanness) but not tuberculosis.

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Murray v Williams

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Williams called Mr.Murray a 'damn long neck consumption man'

The court held that this was not actionable per se.

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Imputation of Unchastity or Adultery

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According to Section 18 of the Libel and Slander Act Words spoken and published which impute unchastity or adultery to any woman or girl is slander actionable per se.

The imputation must be of guilt not mere suspicion.

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Imputation Affecting Professional or Business Reputation

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If A makes a statement about B wihich is reasonably likely to injure B in his office, profession or business reputation it is slander actionable per se. *Section 4 of the Defamation act*

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Gordon v Panday

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Mr.Gordon owned a newspaper and Prime Minister Panday called him a 'psuedo-racist'.

The court held that this statement affected Mr.Gordon in his calling in the media business because it implied that he used or misused racism to maintain an advantage over his competitors in the media business.