LIABLE

liable (lI-<<schwa>>-b<<schwa>>l alsolI-b<<schwa>>l), adj.1. Responsible or answerable in law; legally obligated. 2. (Of a person) subject to or likely to incur (a fine, penalty, etc.). — Also termed legally liable. See LIABILITY. LIBEL

libel (lI-b<<schwa>>l), n.1. A defamatory statement expressed in a fixed medium, esp. writing but also a picture, sign, or electronic broadcast. • Libel is classified as both a crime and a tort but is no longer prosecuted as a crime. — Also termed defamatory libel. 2. The act of making such a statement; publication of defamatory matter by written or printed words, by its embodiment in physical form, or by any other form of communication that has the potentially harmful qualities characteristic of written or printed words. See DEFAMATION. Cf. SLANDER. [Cases: Libel and Slander  1, 25. C.J.S. Libel and Slander; Injurious Falsehood§§ 2, 5–6, 10, 47–52.]

“Libel is written or visual defamation; slander is oral or aural defamation.” Robert D. Sack & Sandra S. Baron, Libel, Slander, and Related Problems § 2.3, at 67 (2d ed. 1994).

“The distinction itself between libel and slander is not free from difficulty and uncertainty. As it took form in the seventeenth century, it was one between written and oral words. But later on libel was extended to include pictures, signs, statues, motion pictures, and even conduct carrying a defamatory imputation, such as hanging the plaintiff in effigy, erecting a gallows before his door, dishonoring his valid check drawn upon the defendant’s bank, or even … following him over a considerable period in a conspicuous manner. From this it has been concluded that libel is that which is communicated by the sense of sight, or perhaps also by touch or smell, while slander is that which is conveyed by the sense of hearing.” W. Page Keeton ed., Prosser and Keeton on the Law of Torts § 112, at 786 (5th ed. 1984).

criminal libel.At common law, a malicious libel that is designed to expose a person to hatred, contempt, or ridicule and that may subject the author to criminal sanctions. • Because of constitutional protections of free speech, libel is no longer criminally prosecuted. [Cases: Libel and Slander  141. C.J.S. Libel and Slander; Injurious Falsehood §§ 7–8.]

false-implication libel.Libel that creates a false implication or impression even though each statement in the article, taken separately, is true. See FALSE LIGHT; INVASION OF PRIVACY. group libel.Libel that defames a class of persons, esp. because of their race, sex, national origin, religious belief, or the like. • Civil liability for group libel is rare because the plaintiff must prove that the statement applied particularly to him or her. Cf. hate speech under SPEECH. [Cases:

Libel and Slander  21. C.J.S. Libel and Slander; Injurious Falsehood § 15.]

libel per quod (p<<schwa>>r kwod).1. Libel that is actionable only on allegation and proof of special damages. • Most jurisdictions do not recognize libel per quod, holding instead that general damages from libel are presumed. 2. Libel in which the defamatory meaning is not apparent from the statement on its face but rather must be proved from extrinsic circumstances.

See INNUENDO (2). [Cases: Libel and Slander  11, 33. C.J.S. Libel and Slander; Injurious Falsehood § 198.]

libel per se (p<<schwa>>r say).1. Libel that is actionable in itself, requiring no proof of special damages. • Most jurisdictions do not distinguish between libel per se and libel per quod, holding instead that general damages from libel are presumed. 2. Libel that is defamatory on its face, such as the statement “Frank is a thief.” [Cases: Libel and Slander  33. C.J.S. Libel and Slander; Injurious Falsehood § 198.]

obscene libel.Hist. 1.The common-law crime of publishing, with the intent to corrupt, material (esp. sexual words or pictures) that tends to deprave or corrupt those whose minds are open to immoral influences. 2. A writing, book, picture, or print that is so obscene that it shocks the public sense of decency.

seditious libel.Libel made with the intent of inciting sedition. • Like other forms of criminal libel, seditious libel is no longer prosecuted. See SEDITION. [Cases: Libel and Slander  141, 145. C.J.S. Libel and Slander; Injurious Falsehood §§ 7–8.]

trade libel.Trade defamation that is written or recorded. See trade defamation under DEFAMATION. Cf. trade slander under SLANDER. [Cases: Libel and Slander  130. C.J.S. Libel and Slander; Injurious Falsehood §§ 204–206, 209.]

3. The complaint or initial pleading in an admiralty or ecclesiastical case. [Cases: Admiralty 60. C.J.S. Admiralty §§ 171–173.] — Also termed (in sense 3) libel of information.

libel,vb.1. To defame (someone) in a permanent medium, esp. in writing. [Cases: Libel and Slander  1, 25. C.J.S. Libel and Slander; Injurious Falsehood§§ 2, 5–6, 10, 47–52.] 2.Hist. Maritime law. To sue in admiralty or ecclesiastical court. • This use of the term was eliminated with the merging of the Admiralty Rules into the Federal Rules of Civil Procedure in 1986.

[Blacks Law 8th]