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.
Guam Cease and Desist Letter for Libelous or Slanderous Statements - Defamation of Character
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How to fill out Cease And Desist Letter For Libelous Or Slanderous Statements - Defamation Of Character?
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FAQ
If you're the subject of slanderous or libelous statements, a cease and desist letter can make the recipient retract what they've been saying or publishing. Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering.
At the low end, for individual, small-scale defamation suits, damages can range from $10,000 to $40,000. The middle range for damages is between $40,000 and $80,000, and higher judgments can reach $150,000. Judgments of $200,000 or more do happen but are quite rare.
Cease and Desist Letters can be created and sent yourself, or by an attorney on your behalf, and they can be used for a wide variety of issues, including harassment, defamation (including slander or libel), or the unauthorized use of intellectual property.
How to File a Defamation Lawsuit Step 1 ? Gather the False Statements. Collect any and all evidence of the false statements made. ... Step 2 ? Show the Statement is Inaccurate. ... Step 3 ? Write the Cease and Desist Letter. ... Step 4 ? Claiming Damages. ... Step 5 ? Prepare and File the Lawsuit.
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...
A person can be held both criminally and civilly liable for defamation. However, slander is not a crime, only libel. Sections 298-316 of the Criminal Code address Defamatory Libel.
If someone is defaming or harassing you online, your first priority is likely to bring that situation to an end as soon as possible. Sending a defamation cease and desist letter is one of the simplest and most cost-effective ways to stop defamatory behavior.
6 Steps to Dealing with Social Media Defamation Do Nothing. As difficult as it can be to do, your best choice is sometimes simply to do nothing. ... Collect Evidence. ... Get a Lawyer. ... Send a Cease and Desist Letter. ... Publish Your Own Statement. ... Sue for Defamation.
