- 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 Kentucky Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character is a legal document used to demand that an individual or entity cease making false statements that harm someone's reputation. This letter serves as a formal warning, putting the recipient on notice that their statements are defamatory and demanding that they stop making such statements immediately. Defamation is a serious offense that can cause significant harm to a person's character and reputation, leading to various negative consequences such as loss of job opportunities, social isolation, and damage to personal relationships. In Kentucky, several types of Cease and Desist letters can be used depending on the specific circumstances: 1. Kentucky Cease and Desist Letter for Libelous Statements: This type of letter is applicable when the defamatory statements have been made in a written form, such as in an article, blog post, or social media comment. Libel refers to false statements about a person that are published, making them visible to others and potentially reaching a wide audience. 2. Kentucky Cease and Desist Letter for Slanderous Statements: Slander arises when false statements are spoken, rather than written. This type of defamation occurs when someone orally spreads false and damaging information about an individual to others. 3. Kentucky Cease and Desist Letter for Defamation of Character: This type of letter encompasses both libelous (written) and slanderous (spoken) statements, making it a broader option applicable to all forms of defamatory statements that harm a person's reputation. It addresses situations where both written and spoken statements have been made. When drafting a Kentucky Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character, it's essential to include specific elements to make it legally effective. These elements typically include: 1. Detailed description of the defamatory statements: Include a thorough explanation of the false statements made, providing evidence proving their falsity. 2. Identification of the defamed party: Clearly state the full name and contact information of the individual or entity whose character has been defamed. 3. Demand to cease and desist: Clearly instruct the recipient to immediately stop making any further false statements about the defamed party. 4. Disclosure of potential legal action: Expressly state that failure to comply with the cease and desist demand may result in legal action, including pursuing damages and injunctive relief in court. 5. Deadline for response: Specify a reasonable timeframe for the recipient to respond to the letter and acknowledge their agreement to cease the defamatory behavior. To ensure the effectiveness of the Cease and Desist letter, it is advisable to consult with an attorney who specializes in defamation law. They can provide guidance on tailoring the content to the specific circumstances and increase the chances of achieving a positive resolution.
