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 Through Social Media Within The United States In Harris
Category:
State:
Multi-State
County:
Harris
Control #:
US-00423BG
Format:
Word;
Rich Text
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Social media has radically changed the way people receive and share information or opinions about one another. To sue for defamation based on false statements made on social media, you'll need to prove all the elements of a defamation claim.To prove defamation, you will need evidence that a false statement was presented as fact, posted on a social media platform, and caused harm to your reputation. Learn what cyber libel and online defamation are, how to prove online libel or defamation, and how you can get compensated for any resulting damages. Defamation suits arising out of political campaigns face significant hurdles, including (1) anti-SLAPP statutes and a greater public awareness of SLAPP suits. A defamation plaintiff in an American court must prove that the allegedly defamatory statement is false and that the defendant was at fault for publishing it.
