Libel as a Cause of Action in Alabama

Libel is a form of defamation that deals with written or otherwise permanent statements that harm a person’s reputation. Alabama law recognizes that written words carry unique weight because they can be shared, circulated, and preserved indefinitely. For that reason, libel claims are carefully structured around protecting individuals from false and damaging statements while balancing the importance of free communication. The following elements outline when libel is actionable in Alabama.

Malicious Injury to Reputation

At the heart of a libel claim is injury to reputation. Alabama courts have long recognized that any false and malicious statement that suggests crime, dishonesty, or moral wrongdoing, when directed at another person, can serve as the foundation of a libel action. The test is whether the statement subjects the individual to disgrace, ridicule, contempt, or social exclusion in the eyes of others. When this occurs, the harm is not only emotional but also practical, because reputation influences personal relationships, business opportunities, and standing in the community.

False and Malicious Publication

For libel to exist, there must be a publication, meaning the statement was shared in writing, print, signs, or pictures with at least one person other than the plaintiff. The publication must also be false and malicious. Falsity ensures that only untrue statements are actionable, while malice refers to the intent or reckless disregard with which the statement was made. The permanence of written words makes them particularly powerful, since they can be distributed widely and continue to cause harm long after their first appearance.

Actionable Per Se

In Alabama, certain written statements are considered so damaging to reputation that they are presumed harmful without the plaintiff having to prove specific damages. This is referred to as actionable per se. For example, if a publication exposes a person to ridicule or contempt, the law presumes injury to reputation even if no measurable financial loss is shown. This principle reflects the recognition that reputational harm is often intangible yet still deeply injurious.

Actionable Per Quod

Not all statements are automatically actionable. In some cases, a plaintiff must show actual damages caused by the false statement. This is known as actionable per quod. For instance, if the statement does not clearly accuse someone of a crime or moral failing, the plaintiff must demonstrate how the statement resulted in measurable harm. This might include loss of employment, financial harm, or other consequences that can be directly tied to the libelous publication.

Imputations of Dishonesty or Corruption

Libel is also actionable when the written or depicted content suggests dishonesty, corruption, or other misconduct. Alabama courts have found that accusations or depictions implying that a person is untrustworthy or corrupt can be just as damaging as direct statements of criminal behavior. Even if the publication uses images, cartoons, or indirect language, it may still constitute libel if the overall impression lowers the individual’s standing in the community.

Conclusion

Libel as a cause of action in Alabama is grounded in the protection of reputation against false and malicious written statements. The law recognizes that such statements, whether directly accusing someone of wrongdoing or subtly portraying them as dishonest or corrupt, can cause serious personal and professional harm. By treating certain statements as actionable per se and requiring proof of damages for others, Alabama law strikes a balance between safeguarding individuals from lasting reputational injury and preserving the freedom to communicate.

Find the Law

“The foundation of an action for libel or slander is a malicious injury to reputation, and any false and malicious imputation of crime or moral delinquency by one published of and concerning another, which subjects the person to disgrace, ridicule, odium, or contempt in the estimation of his friends and acquaintances, or the public, with resulting damage to his reputation, is actionable either per se or per quod . . . .” Ceravolo v. Brown, 364 So. 2d 1155 ( 1978).

“In cases of libel, if the language used exposes the plaintiff to public ridicule or contempt, though it does not embody an accusation of crime, the law presumes damage to the reputation, and pronounces it actionable per se.” Blevins v. W.F. Barnes Corp., 768 So. 2d 386 (1999).

“Additionally, any false and malicious publication, when expressed in printing or writing, or by signs or pictures, is a libel [if it] … tends to bring an individual into public hatred, contempt or ridicule …. Butler v. Town of Argo, 871 So.2d 1, 19 (Ala. 2003) (citations omitted). Finally, if the depictions employed in the allegedly libelous publication are understood to impute dishonesty or corruption to an individual, they are actionable. Camp v. Yeager, 601 So.2d 924, 927 (Ala. 1992).” Flickinger v. King, 385 So. 3d 504, 33 (2023).