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.
Elements Of Defamation In Tort In Nevada
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Nevada law emphasizes that a false statement must expose someone to public hatred, contempt, or ridicule to be actionable to be considered defamatory. A defamation plaintiff must always prove identification, publication, defamatory content, falsehood, damages and fault.Under Nevada law, the term "defamation" refers to any intentionally false statements that harm someone's reputation or character. Defamation: when a defendant makes harmful statements about the plaintiff. What are the Differences Between Criminal Law and Tort Law in Nevada? In a defamation case, the Nevada Supreme Court held that absolute privilege is a question of law for the court to decide. In Nevada, defamation consists of false statements that purport to be fact. If the statements are made in writing, they are libel.
