Oral defamation, or slander, is the speaking of base and defamatory words that tend to prejudice another in their reputation, office, trade, business, or means of livelihood. Unlike libel, which is committed in writing or similar permanent form, slander is committed orally. The Revised Penal Code distinguishes grave oral defamation from slight oral defamation, and the distinction determines the penalty. Whether the slander is grave or slight is not decided merely by the words used, but by the courts considering the totality of the circumstances: the gravity and seriousness of the defamatory words, the social standing and position of the offended party, the personal relations between the parties, the occasion and the circumstances in which the words were uttered, and whether the utterance was made in the heat of anger or with a disposition to do the utmost harm. For example, calling a person a serious offensive name with deliberate intent to malign, in a public setting, may be grave; while an insult uttered in the heat of a sudden quarrel, without cool deliberation, is often held to be only slight. Grave oral defamation carries a heavier penalty than slight oral defamation. There is also a special case of slander by deed, where the defamation is committed through an act rather than words. Because the classification is fact-sensitive, similar words can be judged differently depending on context. Understanding this distinction matters because it determines how seriously an oral insult is punished.
What Slander Is
Oral defamation (slander) is speaking defamatory words that harm another's reputation. Unlike libel (written), slander is oral, and it is either grave or slight.
What Courts Weigh
- The seriousness of the defamatory words;
- The social standing of the offended party;
- The relations between the parties; and
- The occasion — e.g., uttered in the heat of anger or with cool, deliberate intent to harm.
Grave vs. Slight
Deliberate, serious insults meant to malign, especially in public, tend to be grave; an insult in the heat of a sudden quarrel is often only slight. Grave slander carries a heavier penalty.
Practical Takeaways
- Slander is grave or slight based on context, not just the words;
- Heat-of-anger insults are often slight;
- There is also slander by deed (defamation by an act).
Frequently Asked Questions
What is oral defamation? Slander, the speaking of base and defamatory words that tend to prejudice another in their reputation, office, trade, business, or means of livelihood. Unlike libel, it is committed orally.
What is the difference between grave and slight oral defamation? The classification depends on the totality of circumstances, including the seriousness of the words, the parties' standing and relations, and the occasion. Grave slander carries a heavier penalty than slight slander.
Is an insult made in anger grave or slight? Often only slight. An utterance made in the heat of a sudden quarrel, without cool deliberation, is frequently held to be slight oral defamation, though context controls.
What is slander by deed? A special form of defamation committed through an act rather than words, which casts dishonor, discredit, or contempt upon the offended party.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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