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.
Libel And Slander On Social Media In Fulton
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State:
Multi-State
County:
Fulton
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US-00423BG
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FAQ
Send a Cease and Desist Letter: Often, a formal letter from a lawyer indicating the defamatory nature of the statements and demanding their cessation can resolve the issue. File a Lawsuit for Damages: If the defamation has caused significant harm, a lawsuit may be the appropriate step to claim damages.
V. Defenses Against Defamation/Cyber Libel Truth (Justification) Truth is a valid defense if it involves a matter of public interest. Fair Comment on Matters of Public Interest. Absence of Malice. Lack of Identifiable Victim. No Publication.
Let's say you have an X (formerly Twitter) account, and you tweet that John Smith hit his wife two weeks ago. If this statement is false (remember, truth is a defense to defamation), it is defamatory.
Because of the requirements of the Protocol for Media and Communications Claims, you should start off your slander case by sending a letter of claim which complies with the Protocol to your opponent, and then only if the matter cannot be resolved between you, should you start court proceedings.
In California, you must prove five elements to establish a defamation claim: An intentional publication of a statement of fact; That is false; That is unprivileged; That has a natural tendency to injure or causes “special damage;” and, The defendant's fault in publishing the statement amounted to at least negligence.
Send a cease and desist letter for defamation A cease and desist letter on social media is a document that formally requests the author to stop engaging in defamatory or harmful behavior. They can, of course, decide to ignore your request, in which case, you would have to take the matter to court.
If you're confident that you are indeed dealing with an instance of online defamation, there are several steps you can take to remedy the situation. Do Nothing. Collect Evidence. Get a Lawyer. Send a Cease and Desist Letter. Publish Your Own Statement. Sue for Defamation.
