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 Court In Utah
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Defamation Law in Utah Utah law requires that a plaintiff, the person claiming defamation, proves certain elements for a successful claim. These elements include the false statement being “published” to a third party, the statement causing harm, and the statement being made without adequate research into the truth.
Utah Code Section 76-9-404.
In California, you must prove five elements to establish a defamation claim: An intentional publication of a statement of fact; That is false; That is unprivileged; That has a natural tendency to injure or causes “special damage;” and, The defendant's fault in publishing the statement amounted to at least negligence.
To start a defamation lawsuit: (1) decide if you have a claim, (2) calculate your damages, (3) gather evidence, (4) speak to a lawyer, and (5) file your case.
In Utah, person claiming defamation must prove that: The information was false and unprivileged. In publishing the statements, the defendant acted with the “requisite degree of fault.” When applied to a private individual, this requires simple negligence, while a public figure must prove actual malice.
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 tort of slander of title and the related tort of disparagement of property are based on an intentional interference with economic relations. They are not personal torts; unlike slander of the person, they do not protect a person's reputation.” Bass v. Planned Mgmt.
Definition: defamation from 28 USC § 4101(1) | LII / Legal Information Institute.
76-9-404. Criminal defamation. (1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.
