- 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 South Carolina Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character is a legal document used to notify an individual or organization to stop making false, damaging statements about someone else's reputation. This type of letter is a crucial step towards addressing reputational harm and preventing further dissemination of defamatory statements. When composing a cease and desist letter, it is important to carefully choose the right words to effectively communicate the seriousness of the matter and assert the legal rights of the affected party. It is worth noting that there are two primary types of defamation: libel and slander. Libel refers to false statements made in written or printed form, including online posts, articles, or social media comments. Slander, on the other hand, refers to spoken defamatory statements. The South Carolina Cease and Desist Letter for Libelous or Slanderous Statements can be customized to address either form of defamation. The contents of a South Carolina Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character may vary, but typically include: 1. Introduction: The letter should begin by introducing the sender, which is usually the harmed party or their attorney. It should also clearly state the purpose of the letter, which is to address defamation of character. 2. Detailed description of the defamatory statements: The letter should explicitly identify the false statements made about the affected party, providing specific instances, dates, locations, and any relevant evidence supporting the claim of defamation. 3. Explanation of defamation: A section should be dedicated to explaining the legal definition of defamation, covering how the statements meet the criteria for libel or slander, and discussing how they have caused harm to the individual's reputation. 4. Demand to cease and desist: The letter should demand an immediate cessation of all defamatory statements. This section should emphasize the legal consequences of continued defamation if the recipient fails to comply. 5. Request for retraction: The letter may include a request for a public retraction or clarification of the false statements made. This gives the harmed party an opportunity to rectify the damage caused to their reputation. 6. Preservation of evidence: It is important to remind the recipient of the obligation to preserve any evidence related to the defamatory statements, such as posts, emails, or recordings, in case legal action becomes necessary. 7. Warning of potential legal action: This section should serve as a clear warning of the harmed party's intention to proceed with legal action if the defamatory statements are not immediately retracted and no further instances of defamation occur. 8. Deadline for compliance: The letter should specify a reasonable deadline for the recipient to respond or comply with the demands. This allows them sufficient time to review the matter and decide on the appropriate course of action. 9. Contact information: The letter should conclude with the contact information of the sender or their attorney, enabling the recipient to respond or seek clarification if needed. In some cases, there may be different types of Cease and Desist Letters for Libelous or Slanderous Statements in South Carolina, depending on the nature and severity of defamation. These variations might include: 1. Standard Cease and Desist Letter: Suitable for addressing less severe cases of defamation, where immediate legal action may not be the primary objective. This type of letter seeks to resolve the issue amicably by demanding a retraction and cessation of the defamatory statements. 2. Cease and Desist Letter with Damages Claim: In situations where the defamatory statements have caused significant harm to the individual's reputation or resulted in financial losses, a letter demanding both a retraction and compensation for damages may be appropriate. 3. Cease and Desist Letter to Online Platform: If the defamation occurs on social media platforms or other online forums, a specific letter may be sent to the website or platform, requesting immediate removal of the defamatory content pursuant to Section 230 of the Communications Decency Act. In any case, it is crucial to consult with a qualified attorney to determine the most appropriate type of cease and desist letter and to ensure legal compliance in accordance with South Carolina defamation laws.
