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 Document With Attorney Fees In Massachusetts
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Massachusetts on Defamation: “A plaintiff alleging libel must ordinarily establish five elements: (1) that the defendant published a written statement; (2) of and concerning the plaintiff; that was both (3) defamatory, and (4) false; and (5) either caused economic loss, or is actionable without proof of economic loss.”
The private right of action under Massachusetts Civil Rights Act (MCRA) § 11I explicitly provides for recovery of reasonable attorney fees for “any aggrieved … persons who prevail in an action” under the MCRA.
Generally, to win a defamation lawsuit, you must prove that: Someone made a statement; The statement was published; The statement caused your injury; The statement was false; and. The statement did not fall into a privileged category.
“The usual rule in Massachusetts is to prohibit successful litigants from recovering their attorney's fees and expenses except in a very limited class of cases. This rule is known as the "American Rule." See Waldman v. American Honda Motor Co., 413 Mass. 320, 321-323, 597 N.E.2d 404 (1992).
The private right of action under Massachusetts Civil Rights Act (MCRA) § 11I explicitly provides for recovery of reasonable attorney fees for “any aggrieved … persons who prevail in an action” under the MCRA.
A person who wishes to take legal action for defamation must be able to prove that they have suffered, or could suffer, 'serious harm'. If a corporation is suing for defamation, it needs to prove that it has suffered 'serious financial loss' as a result of the publication of the allegedly defamatory matter.
Truth, or substantial truth, is a complete defense to a claim of defamation.
If you have specific questions about how to file a claim, your local court might be able to assist you. In some cases, you can get a complaint or petition form from the court or from the Trial Court's website. In other cases, there is no form and you will need to write the complaint or petition yourself.
