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 With Exceptions In Mecklenburg
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State:
Multi-State
County:
Mecklenburg
Control #:
US-00423BG
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Word;
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An attorney can assist you in filling out the Motion to Claim Exempt Property. These rules shall govern the procedure in the superior and district courts of the State of North Carolina in all actions and proceedings of a civil nature.To have a viable claim in a North Carolina court means you will need to have all of the following essential elements to prove defamation has occurred. This guide includes information about filling out forms for small claims court. Note: This page covers information specific to North Carolina. For general information concerning defamation, see the Defamation Law section of this guide. Constitutional and common law of defamation has. There are no North Carolina cases applying a defamation (or libel) "exception" to the reporter's privilege.
