- 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.
Pennsylvania Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character In the state of Pennsylvania, individuals have the right to protect their reputation from false statements, whether spoken (slander) or written (libel), that can damage their character and cause reputational harm. When faced with such defamatory statements, individuals can take legal action by sending a Pennsylvania Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character. A Cease and Desist letter is a formal legal document that serves as a warning to the individual making false statements, demanding that they immediately cease making such statements and provide assurance that they will refrain from doing so in the future. This letter highlights the seriousness of the matter, putting the offender on notice of potential legal consequences if they fail to comply with the demands outlined. A Pennsylvania Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character may include the following essential elements: 1. Introduction: The letter should be addressed to the responsible party, clearly identifying them by name and their relationship to the defamatory statements (e.g., a journalist, blogger, or individual). 2. Identification of Defamatory Statements: Clearly outline the specific statements that are considered defamatory, citing the source, date, and any relevant context in which they were made. 3. Explanation of Defamatory Nature: Explain why these statements are defamatory, highlighting how they have harmed your reputation, causing emotional distress, or resulting in financial damages. 4. Legal Basis: Provide a brief overview of the relevant Pennsylvania state laws governing defamation and how the statements in question violate these laws. 5. Cease and Desist Demands: Clearly state that the offender must immediately cease making further defamatory statements and demand a written assurance that they will refrain from doing so in the future. This section may also request the following: a. Retraction: Demand a public retraction of the defamatory statements, to be published in the same medium initially used to spread the false information. b. Apology: Request an apology for the harm caused and the false statements made, to be distributed to all individuals who had access to the defamatory statements. c. Removal or Correction: If the defamatory statements were made online or in print media, demand their immediate removal or correction to prevent further harm to your reputation. d. Compensatory Damages: Consider requesting compensation for any damages incurred as a result of the defamatory statements (consult legal counsel for advice regarding the possibility of financial compensation). 6. Timeframe for Compliance: Set a reasonable deadline (typically 10-14 days) within which the offender must comply with the demands outlined in the letter. 7. Legal Consequences: Clearly state that failure to comply with the cease and desist demands may result in legal action, such as pursuing a defamation lawsuit seeking damages and injunctive relief. Remember, it is crucial to consult with a qualified attorney to ensure your Pennsylvania Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character is drafted correctly, tailored to your specific situation, and complies with all applicable laws.
