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 Of Character With Malicious Intent In Utah
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To win a defamation case in Utah, you must prove the statement was false, damaging, and made negligently or maliciously. Defamation of Character in Utah is a civil action used to enforce damages related to lowering one's reputation in the community.This article is intended as a brief overview of the nuts and bolts of defamation law in Utah. This is a guide to Utah Defamation Law. 34-38-11. Bases for cause of action for defamation, libel, slander, or damage to reputation. To start the lawsuit, you will need to file a complaint in the appropriate court and serve the defendant with a copy of the complaint. For a statement to be defamatory it must be proven false. Statements of opinion cannot be proven false, and therefore are not defamatory.
