In the context of defamation, what does "libel" refer to?

Libel refers specifically to defamation that is expressed in a fixed medium, typically through written words or images, which can also include broadcasted content. The key aspect of libel is that in many jurisdictions, damages are presumed, meaning that the plaintiff does not necessarily need to prove that they suffered actual harm as a result of the defamatory statements. This presumption arises from the understanding that written or published statements often have a more lasting impact and greater potential for harm compared to spoken words, which is characterized as slander.

This concept of presumed damages serves to simplify the plaintiff’s burden and reflects the seriousness attributed to written statements. In contrast, other forms of defamation, like slander, typically do require proof of specific damages unless they fall under certain categories known as "per se" statements, which are deemed so harmful that damages are also presumed in those particular circumstances.

Moreover, the description of libel as it relates to its medium—written or broadcast—highlights the more formal and disseminative nature of these communications compared to other types of defamation. This understanding is essential in tort law when evaluating cases of defamation and considering the different legal treatments of each type.