Alabama Slander Law Explained: Key Concepts and Implications

An Overview of Slander Under Alabama Law

Slander as set forth in the Alabama Code is defined as: "A false and unprivileged statement that is oral or spoken, expressed in a temporary form, and when it tends directly to injure a person in respect of his or her trade, business, or profession by accusing him or her of some consistent and serious wrongdoing."
Slander is different than libel in that slander is a false statement made about someone verbally as opposed to written. In the digital age, however, there are many ways verbal statements may be disseminated to a wide audience and make a slander case much more complex by modern legal standards. There are other distinctions between slander and libel. Slander requires proof that the statement was communicated to a third party. Additionally, Slander requires proof of damages whereas libel previously did not. As set forth in Alabama Code, the elements of a claim for defamation under Alabama law are: "In order to prevail on a defamation claim, a plaintiff must establish four elements: (1) a false and defamatory statement made by the defendant concerning the plaintiff; (2) an unprivileged communication of the statement to a third party; (3) fault on the part of the defendant, at a minimum amounting to negligence; and (4) damages, unless the defendant acted in a way that qualifies for a recognized exception to the requirement for proof of damages." See White v. Alabama Industrial Development Board , 710 So. 2d 862, 866 (Ala. 1998); Formby v. Ralph, 989 So. 2d 914, 919 (Ala. 2008). The defamation must be made with knowledge that it was false or with a reckless disregard for the truth. See Garrison v. Louisiana, 379 U.S. 64, 74 (1964); New York Times v. Sullivan, 376 U.S. 254, 279-80 (1964). Thus, if you have to seek retraction or correction of the alleged defamatory statement, you may assert a claim for slander. Under Alabama law, even though slander is a recognized cause of action under Alabama law, in most cases, the standard of proof is very high, almost requiring "absolute certainty" that the allegation is false. Slander per se is a recognized cause of action where the allegation: "(1) [s]uggests the commission of a serious crime (2) that indicates a persons having a loathsome disease (3) that implies an individual is unfit to practice his or her trade or profession (4) that suggests a woman is unchaste." See Town House Manor, Inc. v. McDonald, 270 So. 2d 661, 663 (Ala. Civ. App. 1972). Under Alabama law, in some cases slander may have occurred if the spoken defamatory statement alone caused damage. Under Alabama law, if the words imply the loss of something of value, then damages are caused. For example, the loss of employment or employment opportunity.

How to Prove Slander in Alabama Courts

A plaintiff bringing a slander claim in Alabama must prove the elements of slander. A plaintiff alleging slander must prove: "(1) a false statement (2) concerning the plaintiff, (3) which was published by the defendant, (4) with knowledge or reason to know that the statement was false and (5) with malice either in fact or legal malice." Smith v. Shoe Show, Inc., 831 So. 2d 29, 34 (Ala. 2001).
Publication and fault. Under Alabama law, "publication" is a "disclosure to some third person. It can be as easily committed by speaking, writing, singing, or even motioning as by any of the usual methods which are explicitly recognized as publications in the strict and legal sense." McMillan v. Sherrill, 254 So. 2d 1, 3 (Ala. 1971). A plaintiff must prove "at least ordinary negligence" in order to recover damages for defamation. Cline v. Doty, 598 So. 2d 893, 895 (Ala. 1992).
Damages. A plaintiff also must prove damages (except where establishing statements per se, where proof of actual damages is not required, since the defamatory words themselves imply damages). MacEwen v. Rogers, 433 So. 2d 469, 470 (Ala. 1983). Damages may be presumed if plaintiff proves the slander was per se or actionable per se. Page v. Four Seasons Coach Leasing Corp., 437 So. 2d 63, 68-69 (Ala. 1983). However, if plaintiff pursues a claim of slander per se and suffers no pecuniary injury, an award of punitive damages is improper. Cline, 598 So. 2d at 898.

Defending Against Slander Claims

In any legal dispute, having a proper place to start is crucial because the plaintiff bears the burden of proof. First up is whether the allegedly defamatory statement actually qualifies as defamatory in the context of slander. Truth: Truth is always the best defense. Where the statement complained about is true, there can be no such thing as slander or libel because the statement cannot destroy reputation if true. The truth of the statement will be determined by a preponderance of the evidence. Privilege: As in other defamation cases, there are some absolute privileges from slander liability. For example, court testimony enjoys complete privilege, even when it is false. Also among the absolute privileges is the legislative or parliamentary privilege. This defense is confined to acts of public policy, such as statements made during debates in the legislature or municipal councils. There also is a qualified privilege as a defense to claims of slander and other forms of defamation. This privilege is based on the public good or interest served by the statement. The burden is on the plaintiff or claimant to prove actual malice. Actual malice is shown where the defendant made the statement with knowledge that it was false or with reckless disregard or indifference to its truth or falsity. Other Defenses: Other defenses may arise in certain situations. Comparatively, slander in spoken statements is easier to defend than libel (written statements) because it is more awkward to say something falsely and maliciously to another person than to write it down and distribute it. Especially for private persons, those claiming slander must prove harm to reputation. People who are not famous have a much higher burden of proof to show how their reputation has suffered as a result of speech.

Slander Statute of Limitations Under Alabama Law

Slander actions in Alabama must be filed within one year of the statement being made.
A claim for slander sounds like it would have the same statute of limitations as any other form of personal injury. But, the statute of limitations for slander in Alabama is essentially one year from the date of publication. The statute of limitations for slander is written here: All actions for slander…must be commenced within one year next after the cause of action accrued, and not afterwards . Unlike a car wreck case or some other cases in Alabama, there is no a chance of the statute of limitations being extended in slander cases. In other words, a case for slander must be meet one year from the date of the slanderous statement being made. In a car wreck case, the statute of limitations can be extended a little. In a slander case, the date at the statement is made is the date the statute began to run in Alabama.

Penalties and Consequences for Slander

The legal consequences and penalties for being found liable for slander are potentially as damaging as the act itself. In Alabama, slander damages are divided into two categories: general and special. General damages are awarded for the actual harm to a person’s reputation and the emotional distress caused by the defamatory statement. Special damages, on the other hand, must be proven with evidence and are awarded for specific damages that can be calculated in monetary terms, such as lost wages or business opportunities.
In addition to compensatory damages, the court may award punitive damages. Punitive damages are intended to punish the defendant and deter them and others from repeating the behavior in the future. This type of damages is not awarded in every case and is typically only awarded when the defendant’s actions are found to be particularly malicious or intentional.
Apart from monetary penalties, the court may also issue an injunction. An injunction is a court order requiring the defendant to refrain from repeating their defamatory statement or from engaging in any further acts of defamation.
In some cases, the Court may also order a retraction or apology. A retraction is a formal withdrawal of the defamatory statement, while an apology involves acknowledging the wrongfulness of the statement and expressing remorse. While this may not have any material monetary value, it can help a plaintiff to feel vindicated and may have a significant impact on their reputation.
The consequences and penalties for being found liable for slander can be severe and have a long-lasting impact. If you have been affected by slander in Alabama, it is important to speak with an experienced slander lawyer who can assist you in achieving the justice that you deserve.

Recent Alabama Slander Cases

A few notable slander cases help to provide context to how the courts apply the law. In McCommon v. McKenzie, 308 F. Supp. 2d 1257 (N.D. Ala. 2004), the plaintiff brought defamation claims against the defendants for filing a criminal complaint against him with the Alabama State Board of Accountancy. In that case, the defendants had raised concerns over a number of irregularities in his practice, and their complaint to the Board involved both matters of public concern or interest and those of purely private concern. Ultimately, the court noted that matters of purely private concern would only be defamatory if proven to be false. However, since the plaintiff could not demonstrate a genuine dispute of material fact as to the falsity of the matter of purely private concern, the court granted summary judgment for the defendants and dismissed the defamation claims.
In Dunn v. Gen. Motors Corp., 744 So. 2d 869, 873 (Ala. 1999), the court summarized the relevant law in summary judgment defamation cases: "In summary-judgment cases, when evaluating assertions of defamation, this Court generally places the burden of establishing the falsity of the alleged defamatory statement on the plaintiff, in the initial stage of the proceedings. However , the summary-judgment standard does not require the submission of undisputed proof of falsity because that would be tantamount to deciding the ultimate fact in the case before trial. When a party moves for summary judgment, it bears the burden of establishing that there is a genuine issue of material fact and "then must show that the plaintiff cannot present even a scintilla of evidence supporting his claim." Only after the defendant has met that burden does the burden shift to the plaintiff to present substantial evidence creating a genuine issue of material fact in regard to the truth or falsity of the alleged defamatory statement. In deciding whether the nonmovant has met its burden of presenting substantial evidence to rebut the showing made by the party moving for summary judgment, this Court will not "cut a question in half or consider an abstract proposition." [A]n opposing party may not rely on "general averments." Summary judgment for the defendant is appropriate unless there is "sufficient evidence in the record as would avoid nonsuit were the action to be tried in the circuit court without a jury."
In summary, recent rulings indicate that the law in Alabama regarding slander is relatively strict. While it is possible for a plaintiff to succeed in a case, it is essential that the plaintiff is able to establish that a false statement was maliciously made.