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 Document Without Comments In California
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California law recognizes two types of defamation: libel and slander. Defamation is the actual word to describe a communication ("publication" is the legal term) that is untrue and harms another person.Defamation is a false and unprivileged statement of fact that is harmful to someone's reputation that is published negligently or maliciously. Get Your Free Case Review. Fill out the form below, and our team will review your information to discuss the best options for your situation. Such a defamation case is a losing case unless you can prove false statements of fact were reported and that the reporter knew the statements were false. A: To file a defamation lawsuit in California, you will need to prepare and file a "Complaint" with the court. You have to produce the statements that you consider defamatory. Where the defamation is clear without the need of any explanation, it is considered defamation per se, and damages are presumed. It would start of course with you filing a civil complaint and alleging your facts in accordance with California's procedure code.
