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 Without Intent In Philadelphia
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State:
Multi-State
County:
Philadelphia
Control #:
US-00423BG
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Word;
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FAQ
Generally, to prove defamation, you must show that a false statement was made, about you, to third parties, and which caused you damage. Once you have evaluated your case, and determined that you can satisfy these elements, you can then proceed with pursuing your matter.
In Pennsylvania, just as with slander, a plaintiff in a libel case must prove that the statement was false, defamatory, and published to a third party. Additionally, the plaintiff must demonstrate that the statement caused harm to their reputation.
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.
To successfully bring a defamation claim in Pennsylvania, the plaintiff must prove several key elements: Defamatory Statement: The statement in question must be defamatory, meaning it would harm the reputation of the person or entity in the eyes of the community or lead others to avoid them.
Malicious Prosecution Lawsuits If you have been wrongly accused of a crime in Pennsylvania, you could potentially sue the accuser and pursue compensation for your financial damages. However, you could also bring a malicious prosecution lawsuit against a prosecutor if you were prosecuted without probable cause.
--In an action for defamation, the plaintiff has the burden of proving, when the issue is properly raised: (1) The defamatory character of the communication. (2) Its publication by the defendant. (3) Its application to the plaintiff.
Like libel, slander is a subset of defamation governed by the same legal standards. Pennsylvania law treats spoken defamation with the same seriousness as written defamation, recognizing the potential harm it can inflict on the victim.
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.
