Defamation What For Character In Massachusetts
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Truth is the first, and easiest, defense to a defamation claim. As discussed in the elements of defamation, the statement about you must have been false. If a Defendant can show that the statements were true, or even substantially true, then they could defeat a claim for defamation.
Guarding against defamatory statements Be truthful. If your statements are true, they are not defamatory. Be clear and unambiguous. Keep in mind that statements that are technically true may still be defamatory if they are incomplete or misleading.
Truth, or substantial truth, is a complete defense to a claim of defamation.
Cease and Desist Defamation Letter: Sent to individuals or entities spreading false statements or engaging in defamation (slander or libel). It demands the retraction of false statements and cessation of further defamation.
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.”
This letter is an opportunity for you to: describe the statement, including why it's false. discuss the harm (financial and otherwise) you've suffered because of the defamatory statement. demand a certain dollar amount to resolve the matter (giving the defamer a chance to settle before you take the matter to court).
How can you respond if you are being sued for defamation of character? If you know they are right or even if they are wrong but you can't prove they are wrong, offer to settle it by paying their costs up to now. Unfortunately if you are right they will still point the finger if they think you can't prove it.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required.
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.
