- 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 is a legal document used to inform an individual or entity that their statements, whether written (libel) or spoken (slander), are false, damaging, and defamatory. This letter demands the immediate cessation of such statements and seeks to protect the victim's reputation and good name. It serves as a formal warning and often acts as a precursor to a defamation lawsuit if the offending party does not comply. Keywords: South Dakota, Cease and Desist Letter, Libelous, Slanderous, Defamation, Character, Statements, Formal Warning, Reputation, Lawsuit. There can be different types of South Dakota Cease and Desist Letters for Libelous or Slanderous Statements — Defamation of Character, based on the specific circumstances and intentions of the sender: 1. South Dakota Cease and Desist Letter for Libelous Statements: This type of letter is used when the defamatory statements have been made in written or published form, such as articles, blog posts, social media posts, reviews, or letters. It emphasizes the damaging impact of the false statements on the victim's reputation and demands their immediate removal and retraction. 2. South Dakota Cease and Desist Letter for Slanderous Statements: This type of letter is used when the defamatory statements have been made orally or verbally, such as through spoken words, conversations, speeches, or radio/television broadcasts. It highlights the potential harm caused by these statements and insists on the cessation of further slanderous remarks. 3. South Dakota Cease and Desist Letter for Libelous and Slanderous Statements: This type of letter covers situations where the defamatory statements have occurred through both written and spoken means. It emphasizes the comprehensive nature of the false statements and demands an immediate halt to both the written and verbal defamation. 4. South Dakota Cease and Desist Letter for Defamation of Character: This type of letter focuses on the damage caused to the victim's reputation and character as a result of the defamatory statements. It emphasizes the negative repercussions on personal and professional life, requesting the immediate cessation and retraction of the statements to preserve the victim's good name. 5. South Dakota Cease and Desist Letter for Online Defamation: This type of letter specifically addresses defamatory statements made online, such as on social media platforms, websites, forums, or online reviews. It highlights the reach and permanence of online content, demanding the removal and retraction of the false statements from all relevant online platforms. It is important to consult with a qualified attorney when drafting and sending a South Dakota Cease and Desist Letter for Libelous or Slanderous Statements. Each case may have unique factors and legal requirements that should be considered for an effective and appropriate letter.
