Every time your advocacy group supports a particular cause, you will face opposition. At times, this opposition could become bitter and unpleasant. Your opponents may try to block your group's efforts by publicly criticizing your group and the people in it.

When faced with this kind of opposition, you may be tempted to respond by trying to discredit your opponent in your writings or speeches. But it is critical that you avoid this temptation. You must never write or say anything in the public sphere that discredits someone's reputation or character. If you do make discrediting remarks about an individual, you may be committing slander or libel. Slander is oral defamation, and libel is written defamatory remarks. Both constitute the defamation of someone's character.

What it Means to Defame Someone's Character

For your public remarks to be considered defaming, they must have an identifiable victim. If you make a negative statement about a vaguely defined group of people, such as "developers" or "business owners," or about organizations, your remarks are not considered defamation.

It is possible to inadvertently defame someone. For example, you may commit slander during a phone call with people outside of your inner circle or when making an offhand remark during a public speech. You may make libelous remarks in an email or blog post if you do not think carefully about sharing your opinions.

Paul Alan Levy, an attorney who has worked with the Public Citizen Litigation Group since 1977, provides a thorough description of slander and libel in his work Writing with Libel in Mind: A Guide for Non-Profits and Bloggers (PDF, 100 KB). Levy writes:

A defamatory statement is a statement that is factual in character about an identifiable entity or living individual that, if believed, would influence the reader's or hearer's opinion of the entity or individual, either by reflecting badly on the person's character, or by harming the person's reputation or diminishing the esteem, respect, or good will that he, she or it enjoys in a relevant community.

How to Avoid Making Defaming Remarks

The following tips may help you avoid making remarks that would constitute slander or libel:

• When making public statements, avoid the "impression of malice." The legal meaning of malice is a reckless disregard of the facts. The common meaning generally applies: intent to do harm.
• To sidestep slander and libel, state facts and your opinions separately.
• If you are making a statement on behalf of your organization, avoid stating any personal opinions.

Learn More

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How to Prevent Against Online Libel and Defamation

Find information on how nonprofit organizations can avoid committing libel in online communication.

Defamation Law–Guide to Libel and Slander Law

General guide to defamation that includes helpful links to other resources.

Defamation Law Made Simple

Learn the basics of defamation law, including plain language definations and history of the law in the United States.