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.
You have to prove that you have been injured because of the communication. Business defamation occurs when false claims damage your company's standing or reputation.The claimant in a defamation case must prove that the false statement damaged their reputation. Defamation occurs when a person makes a false statement to a third party about your character from which you suffer harm. This is the Ultimate Guide to Online Defamation Law, including: most common types, popular legal defenses, how to file a defamation lawsuit, and more. A defamation lawsuit is a type of civil lawsuit that allows a person to sue someone for knowingly making harmful and untrue statements about them. Consult an attorney in this area. Determine if you have a case to prosecute. Libel is publishing a statement about someone in writing or via broadcast that is untrue and would harm the reputation or livelihood of that person.