A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Slander Character With Malicious Intent In Bexar
Category:
State:
Multi-State
County:
Bexar
Control #:
US-00423BG
Format:
Word;
Rich Text
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What are the elements of a defamation case? Aside from the oral or written character of the statements, the elements of a libel or slander case are the same.Civil Filing accepts all new suits and subsequent filings for civil and some family related matters filed in the Bexar County District Courts. Defamation: You can't sue for defamation, libel, or slander—this means you can't sue someone for false and harmful things they have said or published about you. A public figure must prove that a Defendant acted with 'actual malice' in publishing a false statement about the plaintiff. This is evident from a consideration of the two torts which are most analogous to Campbell's situation, namely libel and slander, and malicious prosecution.
