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.
Difference Between Slander And Libel With Slander In Miami-Dade
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Multi-State
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Miami-Dade
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US-00423BG
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FAQ
What is Defamation? Defamation is a false statement that harms someone's reputation. In Florida, as in most jurisdictions, defamation is divided into two categories: libel and slander. Libel refers to written or published defamation, while slander is spoken defamation.
Slander can be hard to prove, as the complainant must show the slanderer was driven by malice and knew their claims were false. Slander is different from libel, which are false statements made through print or broadcast.
I feel that there would be a crop of libels or slanders. What protection would he provide to the public where in such investigatory journalism a person is slandered and libelled? We all expected it to turn up in the form of a private individual suing another private individual because he had been libelled or slandered.
If you can successfully prove defamation, either by libel or slander, you can recoup damages related to your actual monetary losses. In addition, you can win damages for mental anguish and emotional distress caused by the defamation.
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. In other words, the statement publicized about the plaintiff must be false in order to prove defamation.
To prove defamation, a plaintiff generally must show: • A false statement purporting to be fact; • Publication or communication of that statement to a third person; • Fault amounting to at least negligence; and • Damages – that is, some harm caused to the plaintiff's reputation.
Florida courts recognize a number of privileges and defenses in the context of defamation actions, including substantial truth, the opinion and fair comment privileges, the fair report privilege, and the wire service defense.
