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 Chicago
Category:
State:
Multi-State
City:
Chicago
Control #:
US-00423BG
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Word;
Rich Text
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FAQ
An effective defamation cease and desist letter will usually begin with a clear and factual introduction of the involved parties. Following this, the letter should present the facts in a chronological order, beginning with the earliest incident and progressing through subsequent events.
I am writing because you recently made defamatory statements about me my company my company and me. I ask that you immediately retract these statements. On date, you summarize what recipient did that is defamatory.
In Illinois, a defamation claim generally has three elements that the plaintiff the must prove in order to recover: (1) a false statement about the plaintiff; (2) made to a third party (also known as publication); (3) that harms the plaintiff's reputation.
Examples of social media defamation Sharing a video that includes untrue comments about an individual, with the purpose of defaming them and causing harm to their reputation. Leaving a Google review that is false and aimed at tarnishing the reputation of a business.
The Illinois Supreme Court considers five types of statements to be defamatory per se: (1) accusing a person of committing a crime, (2) accusing a person of being infected with a “loathsome communicable disease,” (3) accusing a person of lacking ability or integrity in the performance of job duties, (4) statements that ...
A defamatory statement must be an assertion of fact, not an opinion. For example, if your boss says that you are not a very nice person, then that statement is likely to be an opinion. On the other hand, if your boss says you have been stealing from the company, that is a statement of fact, not opinion.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required.
Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering. Also, give the recipient a deadline by which they must retract their statements before you will need to take legal action.
I am writing because you recently made defamatory statements about me my company my company and me. I ask that you immediately retract these statements. On date, you summarize what recipient did that is defamatory.
