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.
Slander Without Mentioning Name In Illinois
Instant download
Description
Form popularity
FAQ
In Illinois, a defamation claim generally has three elements that the plaintiff the must prove in order to recover: (1) a false statement about the plaintiff; (2) made to a third party (also known as publication); (3) that harms the plaintiff's reputation.
People are allowed to say things about you if they are actually true. However, if the imputation is untrue or isn't allowed under the rules, you may have a case for defamation. The imputation cannot be “mere verbal abuse”.
Consider a Direct Approach: If you feel safe doing so, consider addressing the person directly. Sometimes a conversation can clear up misunderstandings or lead them to retract their statements. Consult a Legal Professional: If the defamation is severe, consult with an attorney who specializes in defamation law.
Slander defame. malign. vilify. revile. smear. sully. soil. besmirch.
Good afternoon. Send them a letter by certified mail demanding they immediately retract all prior statements and cease and desist from all future defamatory statements. Let them know if they do not, you will have no choice but to file a defamation suit against them.
'Slander' is spoken, a criminal action damaging to an individual's reputation and is actionable under law. 'Libel' is a written or published statement that is damaging to an individual's reputation, also actionable under law. 'Smearing' may be understood to be either slanderous or libelous.
Libel and slander are collectively known as defamation, or misrepresentation intended to harm the reputation of another person or entity. If a defamatory statement is written and seen, it falls under the category of libel. If the statement is spoken and heard (but not published in print), it is considered slander.
'Slander' is spoken, a criminal action damaging to an individual's reputation and is actionable under law. 'Libel' is a written or published statement that is damaging to an individual's reputation, also actionable under law. 'Smearing' may be understood to be either slanderous or libelous.
Under the law, slander is defined as defamation by speech, while defamation by writing is libel. Gossip becomes slander when there is intent to misrepresent and defame another's reputation. Tabloids often misrepresent and defame one's reputation.
More info
Illinois law considers certain types of false statements to constitute defamation per se. Today we're going to talk about Illinois defamation law.
