Words have power. But in a country founded on free speech principles, it’s difficult to determine when someone’s gone too far. The First Amendment does not protect false speech spread with the intent to damage your personal or business reputation. This is called ‘defamation’.
If you suffered harm because someone posted false reviews, lied in court, or spread rumors about you on social media, immediately contact the experienced defense lawyers at Gil Gatch Law. We help clients understand their legal options for addressing false statements and restoring their reputations.
Types of South Carolina Defamation Claims
Defamation is the broad term used to describe both ‘slander’ and ‘libel’. South Carolina has criminal and civil components.
Slander v. Libel
Slander refers to false verbal statements made to a third party tending to harm your personal or business reputation. Libel occurs when those statements are published in a written or video form, most commonly on social media. Slander and libel share similar elements, but libel is often easier to prove based on written evidence.
Criminal and Civil Defamation
South Carolina Code § 16-7-150 criminalizes uttering or publishing false statements with the malicious intent to injure a person’s character or reputation. Our attorneys often encounter criminal defamation in acrimonious child-custody and divorce proceedings. Libel and slander are misdemeanors punishable by up to one year in prison, and these convictions can also support civil defamation litigation.
Elements of Civil Defamation in Dorchester County, SC
Civil defamation requires your attorney to prove the following elements:
- False Statement of Fact: Truth is an absolute defense to libel in South Carolina. You must show that the statement was both false and not the speaker’s opinion. This can be difficult to prove without legal assistance.
- Unprivileged Publication to a Third Party: The speaker/writer must communicate the false statement to at least one other unprivileged person.
- Fault: For private defamation, you must show that the speaker/writer either intentionally or negligently published the false statement. Defamation against public officials, such as the Mayor of Summerville, requires actual malice.
- Harm/Damage: Importantly, you must prove that the false statement caused you actual damages. This includes reduced business income, loss of child custody, or other significant emotional harm requiring treatment. Hurt feelings and frustration are not enough to support libel and slander claims in South Carolina.
In some cases, our experienced SC defamation attorneys can argue that the statement qualified as ‘defamation per se’. These refer to false statements that are so inherently damaging that you do not have to prove damages. They include statements alleging you committed a serious crime, have an STD, committed certain sex acts, or lacked business integrity.
Reputable Civil Defamation Lawyers Ready to Help
If a false statement about your character or business caused you harm, you can be entitled to financial damages. Proving libel and slander claims requires striking a balance between the freedom of speech and your right to be protected from false accusations and reputational damage.
Discuss your options for reversing reputational harm and obtaining compensation with our dedicated libel and slander attorneys in Summerville, SC. Call (843) 800-2020 or connect with us online to schedule a free and confidential case review.