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 Of Character Case With Card Holder In Fulton
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Fulton
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In defamation cases, truth of the allegedly defamatory statement is always an absolute defense. While filing for a defamation lawsuit in the New York court, you must include the critically specific words constituting the defamatory statement."Slander" is the name given to spoken defamation of character. When a person has been defamed in writing, it is called "libel. Libel or slander case under the FTCA and you can't sue if the government mishandles, detains or loses your belongings. This general area of law is called defamation law. Libel and slander are types of defamatory statements. Our Code, § 105-706, provides as follows: "In all actions for printed or spoken defamation, malice is inferred from the character of the charge. The person who has been defamed (the "plaintiff") can sue the person who did the defaming (the "defendant") for damages.
