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 Document Without Comments In Ohio
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This Ohio defamation law guide will cover essential definitions of Ohio defamation law, including what is considered defamatory in Ohio. In an action for a libel or a slander, the defendant may allege and prove the truth of the matter charged as defamatory.The Fair Report Privilege is a legal precedent that protects accurate reports of official proceedings from defamation suits. Ohio recognizes that certain statements constitute defamation per se. These statements are so egregious that they will always be considered defamatory. Use our free Cease and Desist Defamation Letter template to warn your offender that you'll take legal action unless they stop making false claims. Defamatory per se statements are inherently harmful, and as such plaintiffs in such cases don't need to prove harm. A person who publishes a false statement about a business with the intent to harm the business's reputation may be liable for damages.
