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 Jamaica In Clark
Category:
State:
Multi-State
County:
Clark
Control #:
US-00423BG
Format:
Word;
Rich Text
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FAQ
Truth is the best defense to defamation. For example if sued for calling a person a criminal, then the defendant could produce a valid record of a criminal conviction, properly certified and exemplified and the defendant would probably be granted summary judgement.
If you have a reputation in Jamaica, you can sue here even if the defamatory communication is published on the internet or abroad.
Slander can be hard to prove, as the complainant must show the slanderer was driven by malice and knew their claims were false. Slander is different from libel, which are false statements made through print or broadcast.
Although libel or defamation is now primarily a civil claim, it once was primarily a criminal offense, prosecuted by the government and punishable by imprisonment or a fine.
What Is the Difference Between Libel and Slander? As we've discussed, libel is written defamation. Slander is spoken defamation. Courts typically consider libel to be more harmful than slander because written statements last longer than spoken statements and can be distributed more widely.
Malicious falsehood, or trade libel, refers to false statements made about a person's business, products, or services with the intent to cause harm. Examples include: A competitor making false claims about the quality of your product.
Address It Directly: If appropriate, consider confronting the person spreading the slander. Approach them calmly and express how their words have affected you. Sometimes, a direct conversation can resolve misunderstandings. Seek Support: Talk to trusted friends, family, or colleagues about the situation.
Address It Directly: If appropriate, consider confronting the person spreading the slander. Approach them calmly and express how their words have affected you. Sometimes, a direct conversation can resolve misunderstandings. Seek Support: Talk to trusted friends, family, or colleagues about the situation.
Stay Calm : Don't react impulsively. Gather Information : Understand the details of the gossip or slander. Maintain Professionalism : Keep your composure and avoid retaliating. Address the Source : If appropriate, consider speaking directly to the person spreading the rumors.
