Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding libel and slander is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

If anyone has ever said anything bad about you, you may have wondered if you could sue that person for defamation. Libel and slander are two forms of defamation.

Defamation is defined as a false statement communicated to another person that damages your reputation by exposing you to hatred, contempt, or ridicule from other people. Libel is communicating a defamatory statement by writing or picture. Slander is defamation by oral or spoken communication.
If such words were written or spoken of you, you are not defamed if the words were true. Truth is a complete defense to defamation. Even if your reputation is damaged by a defamatory communication, you cannot recover if the communication was true.

There are a number of other defenses to the charge of defamation. Most notable is the defense of privilege. A person may have spoken or written the words about you in a privileged way, that is, the law allows certain people to say certain things in certain places without fear of being charged with defamation. For example, public officials, such as city council members, performing their official duties may be protected by the privilege, as are people making statements in judicial or legislative proceedings. Certain other communications may be privileged, but the rules are too complex and too many to be stated in the short length of this message. An attorney can help you with your particular case.

If you have been defamed by a newspaper, magazine, motion picture or radio or television broadcast, you must demand a retraction in order to collect all of your damages. There are special rules and time periods to be followed when you demand the retraction. For example, the retraction must be requested within 20 days from the date you learn of the publication. If the newspaper, television or radio station retracts the defamatory statement, you may still sue, but you may collect only the amount of money you actually lost.
You must begin your lawsuit within one year of the time of the defamatory statement. If you do not do so, the statute of limitations will prevent you from beginning the case later.

A defamation case is a particularly difficult kind of lawsuit to win. Courts and juries like to preserve the freedom of speech as much as possible. It is also hard for a jury to try to put a dollar value on the loss to your reputation.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.