- 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.
A Hawaii Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character is a legal document used to formally demand that an individual or entity immediately stop making false and damaging statements about another person, known as defamation, whether in written (libel) or spoken (slander) form. This letter aims to protect the reputation and character of the affected individual and acts as an initial step in resolving the issue without resorting to costly and time-consuming legal proceedings. When drafting a Hawaii Cease and Desist Letter, it is crucial to ensure that it contains several key elements. First, it should clearly identify the sender, their legal representation (if applicable), and provide contact information. The recipient of the letter must be explicitly stated, including their full name and address. It is essential to clarify the defamatory statements made by the recipient, providing specific examples and instances, for the letter to carry legal weight. Keywords like libel, slander, defamation, cease and desist, Hawaii law, character, reputation, written statement, spoken statement, harmful statements, legal action, resolution, damages, false allegations, communication channel, apology, public retraction, compliance, defamation laws, legal consequences, legal representation, personal injury, offense, threatening communications, warning, and evidence can be incorporated into the content to improve its relevance. Different types of Hawaii Cease and Desist Letters for Libelous or Slanderous Statements — Defamation of Character may include variations depending on the seriousness of the defamation and the desired outcome. Some types of cease and desist letters that can be specified in a Hawaii context are: 1. Cease and Desist Letter for Libelous Statements: This type of letter is used when the recipient has made false and damaging written statements about the affected individual, thereby constituting libel. 2. Cease and Desist Letter for Slanderous Statements: This variation is utilized when the recipient has made false and damaging spoken statements about the affected individual, falling under the category of slander. 3. Cease and Desist Letter for Online Defamation: This type of letter is specifically tailored for cases where defamatory statements have been made on online platforms, such as social media, websites, or forums. 4. Cease and Desist Letter for Business Defamation: This variation is suitable when false statements have been made about a business or company, targeting their reputation and potentially causing financial harm. It is important to consult a legal professional to tailor the Hawaii Cease and Desist Letter accordingly, ensuring it complies with specific defamation laws and regulations in the state.
