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 Slander Libel For Dummies In Massachusetts
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Massachusetts law about defamation. Laws, cases, and web sources on libel and slander law.It also appears that Massachusetts still recognizes defamation per se in cases involving slander rather than libel. Table of Contents for the law library, Massachusetts law about courts and civil procedure. A Checklist of key issues to consider when pleading a claim for defamation (including libel and slander) in commercial litigation under Massachusetts law. Libel and slander are two types of defamation. Libel includes written or pictorial defamatory statements while slander includes verbal defamatory statements. Defamation can be either oral or in writing. The first is called slander and the second variety is called libel. This general area of law is called defamation law.
