Massachusetts Laws on Criminal Libel and Slander

In Massachusetts, the laws regarding criminal libel and slander are governed by a combination of common law principles and specific statutes. Understanding these laws is essential for anyone who wants to navigate the complexities of defamation claims in the state.

What is Defamation?

Defamation refers to false statements that harm an individual’s reputation. It is generally categorized into two types: libel and slander.
Libel pertains to written or published statements, while slander involves spoken words. Both forms of defamation can lead to civil lawsuits, but Massachusetts also recognizes certain criminal aspects of defamation.

Criminal Libel in Massachusetts

In Massachusetts, criminal libel is a rare offense. Under Massachusetts General Laws, Chapter 231, Section 92, a person can be charged with criminal libel if they knowingly publish a false statement with the intent to injure another person's reputation. This statute is not commonly enforced, as most defamation cases are pursued through civil avenues.

To secure a conviction for criminal libel, the prosecution must prove that the defendant made a statement that was not only false but was also shared with malicious intent. The penalty for criminal libel can include fines and potential imprisonment, though such outcomes are infrequent in practice.

Slander Laws in Massachusetts

Slander, as a form of defamation, typically falls under civil law in Massachusetts. The burden of proof for slander cases requires the plaintiff to demonstrate that:

• The statement made was false.
• The statement was not privileged.
• The statement caused harm to the plaintiff’s reputation.

In certain instances known as "per se" slander, the statements are considered so damaging that the plaintiff does not need to prove actual damages. Examples of slander per se include accusations of criminal activity, allegations of a contagious disease, or claims that damage someone’s profession or business.

Defenses Against Libel and Slander Claims

Defendants in libel and slander cases in Massachusetts may raise several defenses, including:

• Truth: If the statement is true, it is an absolute defense against defamation.
• Opinion: Statements of opinion that cannot be definitively proven true or false may not constitute defamation.
• Privilege: Certain communications, such as those made in a court proceeding or legislative chambers, are protected under the law.

Conclusion

Understanding Massachusetts laws on criminal libel and slander is crucial for both individuals and businesses. While criminal libel is rare, slander claims can significantly impact those involved. It is essential for parties to understand their rights and defenses in order to navigate the complexities of defamation law effectively. Legal counsel should be sought for anyone facing potential defamation claims or considering filing one.