What key factor differentiates slander from libel?

The distinguishing factor between slander and libel is indeed the form in which the defamatory statements are made. Slander refers to defamatory statements that are spoken or made orally, while libel pertains to those that are published in a fixed form, such as written words, pictures, or other media. This differentiation is crucial in legal contexts, as the methods of dissemination impact the implications for damages and the burden of proof.

In cases of slander, the plaintiff must typically demonstrate actual damages due to the transient nature of spoken words. In contrast, with libel, the permanence of written statements allows for broader implications, often leading to the presumption of damages due to the lasting nature of the published content.

The other factors listed revolve around aspects such as intent, privacy, and publication, but they do not fundamentally capture the critical difference in the medium of the defamatory statements, which is primarily what separates slander from libel in legal terms.