When is slander actionable

For it to be actionable, a statement must assert or at least imply a false fact about you. A mere expression of opinion is not actionable under California defamation law unless it insinuates that it is based on some undisclosed defamatory facts.

See Okun v. Superior Court 29 Cal. The distinction between fact versus opinion is often difficult to assess, in part because language is susceptible to different meanings depending on the context.

Clearly, our appellate court was right to conclude that such issues, which are highly fact-driven and context dependent, should be decided by the trier of fact, which in most cases means the jury and not the judge. This case illustrates just how close the issue is of whether a statement is a fact or opinion and how judges may differ on their interpretation of the law.

Making the distinction between fact versus opinion is not always easy and must be viewed under the totality of the circumstances. Skip to main content. Sign in Contact us. Halsbury's Laws of England. Sign-in Help. Actionable slander. Sign in Contact us. Halsbury's Laws of England. Sign-in Help. Slander actionable per se. Defamation Volume 32 Commentary. An oral defamatory statement is actionable per se, that is without proof of special damage 1 , if: 1 it is calculated 2 to disparage the claimant in any office, profession, calling, trade or business held or carried on by him at the time of the publication 3 ; 2 it is published of the claimant in the way of his office or calling and in relation to his conduct in it, and imputes unfitness for or misconduct in that office or calling 4 ; or 3 it imputes that the.