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.
If you need help filling out the forms or need advice on your case, you could visit a legal advice clinic or find a lawyer on your own. Enter defendant(s) name, street address, city, state and zip code.Include their telephone number if known. How can I file a defamation character lawsuit against someone who is calling me and my family members and saying bad. "Defamation of character NY" refers to the willful communication of a false statement to harm someone's personal reputation. Here are the five steps for answering a Minnesota collection lawsuit. Usually such agreements are not filed. The claimant in a defamation case must prove that the false statement damaged their reputation. Learn what defamation is, the basics of slander and libel, what you need to prove in a defamation lawsuit, and how much a defamation lawsuit could be worth. In order to prove defamation of character in court, you have to have proof that the defamation is false.