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 Slander And Libel In Washington
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In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause arose, but it shall be sufficient to state generally, that the same was published or spoken concerning ...
Defining Defamation in Washington State Made a false and unprivileged statement of fact about the claimant; Caused harm to befall the plaintiff, through statements; and. Acted with “reckless disregard for the truth” by making the statements.
These cases can be complex, encompassing both written (libel) and spoken (slander) forms of defamation. In Washington state, proving defamation requires demonstrating that the defendant made a false statement about the plaintiff, published it to a third party, and caused damage to the plaintiff's reputation.
Under Washington's civil statute of limitation laws, personal injury claims have a three-year limit for filing, as do fraud, injury to property, and trespassing. Debt collection has a six-year limit. Statutes of limitations aren't suggestions. They are mandatory time limits that the state imposes on most lawsuits.
Slander can be hard to prove, as the complainant must show the slanderer was driven by malice and knew their claims were false. Slander is different from libel, which are false statements made through print or broadcast.
Defamation Per Se Civil Suits are Permissible in Washington State. As with many states, per se defamation lawsuits are possible in Washington. In these cases, the offending statement is considered automatically to have caused damages (i.e., calling someone a criminal), lifting the plaintiff's burden of proof.
Defining Defamation in Washington State Made a false and unprivileged statement of fact about the claimant; Caused harm to befall the plaintiff, through statements; and. Acted with “reckless disregard for the truth” by making the statements.
Second, libel is actionable per se (i.e. without proof of damage) whereas slander, subject to exceptions (see below), is actionable only upon proof of 'special' damage (actual damage is probably a less misleading and therefore better phrase to use though)
