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.
Claim Defamation Character With Malicious Intent In Wake
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State:
Multi-State
County:
Wake
Control #:
US-00423BG
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Word;
Rich Text
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Unless you can prove your employer was actually malicious in making these false statements, you will not be able to win a defamation claim. Defamation is a statement that injures a third party's reputation.Learn what defamation is, the basics of slander and libel, what you need to prove in a defamation lawsuit, and how much a defamation lawsuit could be worth. Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong), meaning someone could sue you if they can prove you defamed them. You need evidence that proves the person you are suing stated or published statements that knowingly were false. Under United States law, proof of malice is only required when the party alleging slander or libel is a public figure. Under New York defamation law, speech that is used to unjustly harm another person's reputation is not protected. Learn more here from Mullen Law Firm.
