If there is some behavior on the colleague’s part that a therapist feels should be discussed with someone, then understanding the libel laws will prevent you from not only being sued but help you to weigh the accuracy of your accusation. Libel is a “false published statement that injures an individual’s reputation (as in business) or otherwise exposes him or her to public contempt.”

Generally the person libeled must prove the libel refers specifically to him or her, that it was published to others and that it caused injury requiring damages. Although, some statements were traditionally held to be damaging by their utterance and damages could be assumed. Libel can also be committed by e-mail.

It is harder to libel a public figure. If the therapist allegedly libeled is well known, on television, or in the press, the therapist may be a public figure. In order to libel a public figure, the person doing the libel must know the statement is false or must have “reckless disregard” for whether the statement is true or not.

Libel differs from slander in that libel involves a written communication whereas slander is oral.

It is hard to libel/slander large groups. “All lawyers are crooks” is not actionable. The court needs to be able to identify a particular person or persons who were injured.

Libel and slander require that the false statement be communicated to a third person. Examples of what the courts have held to be libel or slander include false statements that a person is unfit for or dishonest in a job; has committed a crime capable of imprisonment; has a loathsome, contagious disease; or has been sexually unchaste.

The “third person” is important. If one is on the beach alone at midnight and says “X gives a lousy massage” or tells X “You sure give a lousy massage,” one has not committed libel or slander because one has not communicated the statement to a third party.

Being merely offensive or insulting is not libel. One can libel/slander a corporation as the corporation is seen as a person under the law. Some massage clinics may be incorporated.

The person accused of libel or slander can defend by proving the statement is true. Taking due care before making the statement will probably defeat a libel or slander action. Some jurisdictions may exempt reports of misconduct to the proper authorities from libel/slander.

The person who has been libeled can receive actual damages in court (to cover the real damage suffered) and punitive damages (to punish the person who did the libel or slander and to discourage others from doing the same thing.)