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 Law In Netherlands In Harris
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Section 186 StGB: The offence of malicious gossip These must be asserted (one's own conviction) or disseminated (passing on knowledge of others). In contrast to defamation, which involves the assertion of “untrue facts” although the person “knows better”, defamation does not require that the person knows the untruth.
Sanctions involve imprisonment ranging from three (3) months to five (5) years, plus a fine. To obtain an interim injunction, the claimant has to persuade the court that on the balance of probabilities, the statement is false, defamatory or relates to his private life.
Therefore, person A can and should defend himself against the damage to his reputation. If you are falsely accused of such an offence or other defamatory statements are made about you, you should seek the advice of a qualified and experienced lawyer.
If you, as the person concerned, decide to initiate criminal proceedings for defamatory statements (§§ 185-187 StGB). In that case, it must be noted that, in principle, a criminal complaint must be filed within three months after you became aware of the defamatory act (§ 77b StGB).
You have the option of taking the dispute to court. The court then issues a binding ruling which you and the other party must comply with. Proceedings will be instigated in the first instance before the sub-district court or the civil court. Which court you go to depends on the kind of case or the value of the case.
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.
Truth, or substantial truth, is a complete defense to a claim of defamation.
I am writing because you recently made defamatory statements about me my company my company and me. I ask that you immediately retract these statements. On date, you summarize what recipient did that is defamatory.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required.
Truth is an absolute defence to defamation. The defendant must prove that the defamatory statements were, in fact, true. For instance, if the statements concern the quality of goods or services, the defendant could provide independent testing or other evidence supporting the truth of the claims.
