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 And Libel In Trinidad In Chicago
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Multi-State
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Chicago
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US-00423BG
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FAQ
Illinois defines defamation as a false statement of fact about the plaintiff “published,” which means shared with another person, that harms the plaintiff's reputation (i.e. lowers the plaintiff in the eyes of the community). There are two categories of defamation in Illinois: defamation per se and defamation per quod.
In order to state a claim for defamation under Illinois law, the plaintiff must show that the defendant made a false statement concerning plaintiff, that there was an unprivileged publication of the defamatory statement to a third party by the defendant and that the plaintiff was damaged.
“Illinois recognizes five categories of statements that are defamatory per se: (1) words that impute that a person had committed a crime; (2) words that impute that a person is infected with a loathsome communicable disease; (3) words that impute a person is unable to perform or lacks integrity in performing her or his ...
Written defamation is called "libel," and spoken defamation is considered "slander," and they both fall under "defamation." In the US, defamation is not usually a crime. Instead, it is a "tort" or civil wrong. Under the law, a person who has been defamed can seek damages from the perpetrator.
Under Illinois law, you may have a claim for defamation if you can prove that someone made a false statement about you. If you win, you may be entitled to economic and punitive damages. The law of defamation, however, is complicated and there are numerous defenses to defamation claims.
Legal Action: If the defamatory statement continues or the harm to your reputation persists, you may consider pursuing legal action. To do so, you can file a defamation lawsuit in the courts of Trinidad and Tobago.
Importantly, actions for criminal defamation involve prosecution by the state and carry the potential imposition of criminal penalties. Those found guilty could face up to two years in prison. The Act is extremely plaintiff-friendly.
To be classified as defamatory, a statement must be injurious. The entire purpose of a defamation of character lawsuit is to prove that the statement in question caused damage to the victim. The claimant in a defamation case must prove that the false statement damaged their reputation.
