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.
Defamation With Exceptions In Broward
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State:
Multi-State
County:
Broward
Control #:
US-00423BG
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Word;
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The general defamation law and defamation claim in Florida have similar elements with a few exceptions. (1) All Seventeenth Judicial Circuit and Broward County Judges are to strictly comply with the requirements of Florida Rule of General Practice and Judicial.Case Search - Public. With the exception of the quasijudicial unemployment claim process, the litigation privilege is not statutory. Under Florida's absolute litigation privilege, a defendant may slander and lie and still be absolutely immune from a later lawsuit for defamation. Florida's single action rule bars a plaintiff from re- characterizing a defamation claim simply to avoid a valid statute of limitations defense. The Fifth District Court of Appeal held that temporary injunctive relief is not available to prohibit the making of defamatory statements. The court, the Administrative Office of the United States Courts, and other agencies provide forms for common court filings. The Court cannot simply fill in the blank with the amount requested by. Plaintiff.
