Slander and defamation of character are not two distinct claims. Slander is a form of defamation. From the legal view, defamation is any language that a defendant publicizes to a third person that causes damage to a plaintiff’s reputation. Slander is spoken defamation. In contrast, libel is defamation that is written or recorded in some other permanent form.
Defamation is a tort, which means it is a legal wrong. There are numerous types of torts; defamation is just one example. Many jurisdictions allow a person to take legal action against another person for damage arising from defamation. This means the first person could file a suit for slander, if the second person speaks the defamatory language to a third person. Jurisdictions do not allow a person to sue for both slander and defamation of character because the matters are not separate.
Since slander and defamation of character are not two separate matters, a person suing for slander must prove that a defendant spoke defamatory language to a third person. Defamatory language is any language that concerns the plaintiff and negatively affects the plaintiff’s reputation. For example, defendant Derik tells Sarah that Paul is a child molester. This is defamation based on slander because Derik spoke the defamatory language to a third person, Sarah. This is not slander and defamation of character; it is only slander.
To understand slander, it is useful to compare it to libel instead of comparing it to defamation of character. Libel is a form of defamation just as slander is a form of defamation. Libel is defamatory language in writing or some other recording of a permanent nature, such as a television or a radio broadcast. Slander is less permanent because it is only spoken defamation and is not recorded.
A defendant, even one who acknowledges that he did speak defamatory language about the plaintiff to a third person, may have legal defenses that will prevent the plaintiff from winning his suit for slander. A defendant would not need to raise defenses for both slander and defamation of character, just slander. Typical legal defenses to a defamation action are consent, truth and privilege.
Consent and truth both operate as an absolute defense against a slander claim. After all, it's not slander if Paul really is a child molester. Ordinarily, privilege protects a speaker from liability if a person speaks the defamatory language under certain conditions, such as in court, during legislative proceedings, or in executive proceedings.
