- 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 Massachusetts Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character is a legal document used to demand an individual or entity to immediately stop making false statements that harm another person's reputation. This letter is often sent by the affected party or their lawyer to the accused, warning them of legal consequences if they continue defamatory actions. In Massachusetts, there are a few different types of Cease and Desist Letters that can be used to address various defamation scenarios. These include: 1. Massachusetts Cease and Desist Letter for Libel: This type of letter specifically addresses defamatory statements that have been made in written or printed forms, such as blog posts, articles, or social media posts. It serves as a formal request to stop publishing false information and potentially defamatory content. 2. Massachusetts Cease and Desist Letter for Slander: This letter is used when defamatory statements have been spoken or orally communicated about an individual. It aims to inform the accused party that their spoken words are damaging someone's reputation and demands an immediate cessation of such actions. 3. Massachusetts Cease and Desist Letter for Libel and Slander: Sometimes, instances of defamation involve both written and spoken statements. In such cases, a combined letter may be utilized, addressing both types of defamatory actions and requesting the immediate cessation of both oral and written statements that harm the affected party's character. 4. Massachusetts Cease and Desist Letter for Online Defamation: With the rise of social media and internet platforms, online defamation has become a prevalent issue. This type of letter is specifically tailored to address defamatory statements made online, including on social media platforms, blogs, forums, or other websites. It urges the accused party to remove any defamatory content and refrain from further spreading false information. 5. Massachusetts Cease and Desist Letter for Defamation of Business Reputation: This type of letter focuses on protecting the reputation of a business entity rather than an individual. If false statements or misleading information is being spread about a company, this letter demands an immediate cessation of such actions and may warn of potential legal action if the defamation continues. Regardless of the specific type, a Massachusetts Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character typically includes explicit language referencing relevant laws and statutes, a detailed explanation of the defamatory statements, a demand for an immediate cessation, and a warning of legal consequences if the accused party fails to comply. It is advisable to consult with a lawyer while drafting or responding to such letters to ensure compliance with state laws and to maximize their effectiveness in addressing defamation issues.
