- 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 Montana Cease and Desist Letter for Libelous or Slanderous Statements is a legal document used to address false and damaging statements made about an individual's character. It serves as a formal request demanding the defamer to immediately halt the dissemination of defamatory claims. By sending this letter, the victim seeks to protect and restore their reputation, as well as potentially prevent any further harm caused by the defamation. In the state of Montana, there are primarily two types of Cease and Desist Letters employed for addressing libelous or slanderous statements: 1. Montana Cease and Desist Letter for Libelous Statements: This letter is used when false written statements have been made that harm an individual's reputation. Libel refers to defamatory claims expressed through written words, such as articles, online publications, blog posts, or even social media posts. The letter details the specific defamatory statements and demands that the defamer immediately stop the dissemination of these false claims, issue a retraction or correction, and refrain from making any further defamatory statements. 2. Montana Cease and Desist Letter for Slanderous Statements: Slander, on the other hand, involves spoken defamatory statements that harm an individual's reputation. This type of letter is employed when false and damaging oral remarks have been made against someone. Common instances of slander can occur during conversations, public speeches, radio broadcasts, or even television appearances. The letter outlines the defamatory statements made and demands an immediate halt to the spreading of such false information, while also requesting a public apology or retractions to rectify the harm caused. Both types of Cease and Desist Letters carry the same objective: to protect an individual's reputation and hold the defamer accountable for their false claims. It is crucial to consult with a legal professional who can ensure the letter is created appropriately, accurately reflects the situation, and complies with Montana's defamation laws.
