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 Vs Libel Vs Defamation In Cook
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FAQ
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.
Libel and slander are both types of defamation. Libel is an untrue defamatory statement that is made in writing. Slander is an untrue defamatory statement that is spoken orally. The difference between defamation and slander is that a defamatory statement can be made in any medium.
It is possible for someone to record a document against your property with bad intent. Illinois courts may consider this a “slander” of your property's title and award monetary damages. Slander of title generally occurs when someone maliciously records a false document against your property's title.
Libel is defamation in a permanent form (e.g. written), slander is temporary (e.g. spoken). With some exceptions, it is normally necessary to prove actual loss to bring a slander claim, whereas in libel claims you will normally automatically be entitled to compensation (provided that the 'serious harm' test is met).
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.
In many cases, the harassment remains verbal. However, as long as the victim faces disruption to their ability to work safely, any action could fall under the category of harassment. Needless to say, rumors and slander attack the reputation of an individual and can make it difficult or even impossible to work safely.
Not only are libel cases hard to bring, as others have said, they require substantial deposits but UK law in particular is notoriously stringent about them, to the point that very few people sue for libel in the UK and even fewer win.
What does Libel mean? A defamatory statement made or conveyed in some permanent form and relating to someone other than the person to whom it relates.
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.
