A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- 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.
South Dakota Cease and Desist Letter for Libelous or Slanderous Statements - Defamation of Character
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How to fill out Cease And Desist Letter For Libelous Or Slanderous Statements - Defamation Of Character?
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FAQ
A cease and desist letter for defamation of character is a legal document that instructs the offender to stop making false, erroneous, and unsubstantiated statements about you. It should detail any statements that are false and demand full retraction. The harmed party should seek full damages for any false statements.
You must include the name and address of the person you're suing, a written demonstration of the defamatory statement, and the amount of time the person has to respond to your letter. In addition, the letter must include the signature of your legal counsel and be sent certified mail with return receipt requested.
Slander and libel Your letter should ideally state the specific defamatory statement, the reasons why it is untrue, and the damage you're suffering. Also give the recipient a deadline by which they must retract their statements before you will need to take legal action.
How to write a Defamation Cease and Desist Letter? Your full name. Your business's name (if it's the target of defamation) Your contact information. The name of the offending person or business. The current date. A clear description of exactly what was said. The name of the offending writer/author (in the case of businesses)
A cease and desist letter for defamation informs the recipient that you will take further legal action against them if they do not stop their defamatory statements about you. The letter should clearly identify the defamatory statements and specify the ways in which they are harming your or your business's reputation.
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...
You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.
Slander is a false oral statement that damages the reputation of another person or business, resulting in economic and personal loss. For example, while making a speech at a town hall meeting, a politician accuses her rival of committing a crime, when, in reality, no crime has been committed.
