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.
Libel And Slander On Facebook In New York
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In New York, defamation is a civil matter. A person who suffers financial or emotional damages following another person's false statement may choose to sue the offender, which would bring about a case in the appropriate New York court.
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence ; and 4) damages , or some harm caused to the reputation of the person or entity who is the ...
In general, pursuing a defamation lawsuit may be worthwhile if: The defamatory statement(s) are demonstrably false and have caused significant harm to your reputation or career. You have strong evidence to support your claim. The potential damages are substantial enough to justify the costs and risks of litigation.
The plaintiff bears the burden of proving that the harmful statements are false. By examining whether the defendant's statement would have an effect different from a proposed statement by the plaintiff, courts test whether a statement is false.
Depending on the state where the claim is filed, the type of damages may include: Compensatory: Compensatory damages are actual losses such as loss of business, lost bonuses, lost clients, or additional expenses from the defamation of character. Additionally, emotional damage or a damaged reputation can be compensated.
