- 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.
Ohio Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character Explanation and Types In Ohio, a cease and desist letter is an official legal document often used in cases of defamation of character involving libelous or slanderous statements. When someone makes false statements about another individual, either in written (libel) or spoken (slander) form, it can damage the reputation and livelihood of the person being defamed. To protect their rights and reputation, individuals or businesses can send a cease and desist letter to the alleged perpetrator demanding that they stop making false statements. There are different types of cease and desist letters specifically tailored to address various scenarios of defamation: 1. Ohio Cease and Desist Letter for Libelous Statements: This type of letter is used when false statements damaging someone's reputation are made in written form, such as in an article, blog post, social media post, or even private messages. The letter will assert that the statements are false, defamatory, and demand an immediate retraction or removal of the libelous content. 2. Ohio Cease and Desist Letter for Slanderous Statements: When false statements are made verbally, such as in speeches, interviews, or public statements, a cease and desist letter for slanderous statements would be appropriate. This letter will state that the statements are false, defamatory, and demand the immediate cessation of making such statements. 3. Ohio Cease and Desist Letter for Defamation by Media: If false statements damaging someone's reputation are published by media outlets, including newspapers, magazines, TV broadcasts, or online news platforms, this type of cease and desist letter is used. It will assert the false nature of the statements and demand an immediate retraction or correction to prevent further harm to the person's reputation. 4. Ohio Cease and Desist Letter for Online Defamation: In cases where defamatory statements are spread through online platforms, including social media posts, comments, or reviews, a cease and desist letter for online defamation is sent. It will address the specific defamatory statements, demand their removal, and possibly request information regarding the identity of the perpetrator if available. Regardless of the specific type, an Ohio Cease and Desist Letter for Libelous or Slanderous Statements should include several key elements. These include: — A clear statement identifying the false statements and their defamatory nature. — Documentation supporting the false nature of the statements, such as screenshots, copies, or transcripts. — A demand to cease making or publishing such statements immediately. — A request for a retraction or correction to any third parties exposed to the false statements. — A warning of potential legal action if the defamatory behavior continues. It's essential to consult with an attorney specializing in defamation law when dealing with such situations, as they can help tailor the cease and desist letter to meet specific legal requirements and maximize its effectiveness in curbing further harm to one's reputation.
