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.
Small Claims Court is a special court where individuals, representing themselves, resolve disputes quickly and inexpensively in an informal setting. This article explains how a San Diego business litigation law firm helps.These lawyers will ensure that they have looked over the case completely. Are you a target of online false statements which caused you harm? Fight back with our San Diego Internet Defamation Lawyer! Complete our online form or call us at to discuss your situation with a workplace defamation lawyer in California. The Statement Was Defamatory and Targeted You: The false statement must directly harm your personal or business reputation. Defamation is when an employer intentionally makes false statements about a current or past employee to harm the employee. This blog will serve as a guide for Plaintiff's and Defendants to show what MUST be proven, and what some of the possible defenses are. Our legal team possesses specialized expertise in navigating California's Strategic Lawsuit Against Public Participation (SLAPP) statute.