To qualify as libelous, a statement must be:

To qualify as libelous, a statement must indeed be published and seen by a third party. Libel is a form of defamation that occurs in written or published form, distinguishing it from slander, which pertains to spoken statements. The requirement for publication means that the statement must be communicated to someone other than the person it is about, establishing the potential for reputational harm. This aspect underscores the principle that damaging statements need to reach an audience to have a real impact and be actionable in a legal sense.

In this context, private and confidential statements do not meet the criteria for libel because they are not made public. Similarly, spoken and recorded statements would relate more to slander than to libel, as slander involves oral communication rather than written. Emotional damage, while relevant to the consequences of a libelous statement, isn't a standalone criterion for defining libel; what matters is the publication and accessibility of that statement to others. Thus, the key element is the publication factor, making it crucial for establishing a libel claim.