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.
Cease And Desist For Defamation Of Character In Fulton
Category:
State:
Multi-State
County:
Fulton
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Here are some common ways that Cease and Desist Letters are used: Stop contact from debt collectors. Stop use of a trademark, copyright, or other intellectual property. Stop harassment. Stop slander, libel, or defamation. Stop boundary encroachments.
Receiving a cease and desist letter is a serious issue. It indicates the sender's intention to pursue you for the alleged wrongdoing if you do not follow their demands. Receiving a cease and desist letter does not necessarily mean you will end up in Court.
Consider a Direct Approach: If you feel safe doing so, consider addressing the person directly. Sometimes a conversation can clear up misunderstandings or lead them to retract their statements. Consult a Legal Professional: If the defamation is severe, consult with an attorney who specializes in defamation law.
If you decide to do it alone, your letter should state the specific defamatory statements made, confirm that they are defamatory, indicate the reputational harm caused, demand an apology and retraction of those statements, and demand that they cease making further statements failing which you will sue them.
Receiving a cease and desist letter is a serious issue. It indicates the sender's intention to pursue you for the alleged wrongdoing if you do not follow their demands. Receiving a cease and desist letter does not necessarily mean you will end up in Court.
A cease and desist letter is a formal request notifying the recipient to immediately stop making defamatory statements or face legal action. This letter should clearly identify the defamatory statements, specify where they were published, and detail the harm caused to your reputation or business.
Sending your cease and desist letter Once you've written your letter, the next step is to send it via certified mail so you have a record that it has been sent. The optimal result, of course, is that the recipient of your letter stops engaging in the activity that's harmful to you.
Cease and desist letters can be used in various legal scenarios, including: Harassment or Nuisance: In situations of harassment, stalking, or nuisance behaviour, a cease and desist letter can serve as a formal warning to the offending party to cease their actions.
How to write a Defamation Cease and Desist Letter? Your full name. Your business's name (if it's the target of defamation) Your contact information. The name of the offending person or business. The current date. A clear description of exactly what was said. The name of the offending writer/author (in the case of businesses)
