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.
Suing For Slander And Defamation Of Character In Michigan
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In short, the offended party must prove a defamatory statement was made within one year of when the statement was made, why it is false, and if the statement is defamatory and the plaintiff seeks damages based on the per se or pro quod standards.
600.2911 Action for libel or slander. (2)(a) Except as provided in subdivision (b), in actions based on libel or slander the plaintiff is entitled to recover only for the actual damages which he or she has suffered in respect to his or her property, business, trade, profession, occupation, or feelings.
In general, California's statute of limitations to bring a defamation lawsuit is one year after the untrue statement was first published or spoken. The clock does not restart every time the same statement is subsequently published (such as through a retweet).
What is The Statute of Limitations in My State? – State Defamation Law Chart State / DistrictStatute of Limitations Michigan 1 year statute of limitations for defamation action Minnesota 2 year statute of limitations for defamation action Mississippi 1 year statute of limitations for defamation action22 more rows •
Defining Defamation in Michigan In short, the offended party must prove a defamatory statement was made within one year of when the statement was made, why it is false, and if the statement is defamatory and the plaintiff seeks damages based on the per se or pro quod standards.
Let's say you live in California, which has a one-year statute of limitations for all defamation cases, and one of your co-workers falsely told your employer that you had copied someone else's work for an important year-end report. As a result, your employer fired you without any explanation.
One Year Statute of Limitations Watching the clock is particularly important in defamation cases. That's because defamation cases are the only civil actions in Michigan with a one-year statute of limitations.
In Michigan, the statute of limitations for civil litigation is three to ten years, depending on the type of claim. For personal injuries, plaintiffs should bring the case to the civil court within three years from the date of injury. The same is true in a property damage lawsuit.
Michigan courts recognize a number of privileges and defenses in the context of defamation actions, including substantial truth, opinion and fair comment privileges, wire service defense and the fair report privilege.
