ndoodah - you are correct, but keep in mind that in cases of either libel or slander (defamation, which is the umbrella term) the plaintiff has to demonstrate damages, which means that the subject of the defamation has to suffer harm or loss in the way of reputation, loss of [actual] business or contracts, or some other legally-recognized form of damages.

In this case, there is a maxim that applies:
You have to have a nickel, in order to lose it.