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 Character Form For Publication In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
More info
On this page below is a list of LOCAL forms that can be completed online and then printed. The form you need may be in this list.If you click on the form number in the first column you must print it to fill it out. Once completed, note the SST number and come into our office to finish the process. Defamation publication requirement protects an employee from an injury for which his employer is responsible and that the employee is powerless to prevent. I am wanting to file a law suit against a local news station for defamation of character. What type of case is this? (1) The defamatory character of the communication. Young sued Rogers for defamation arguing that some of her political attack ads expressly and impliedly defamed her business. Your statement must be published in a newspaper that has been adjudicated as one of general circulation as per California Government Code section 6000.
