- 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.
Vermont Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character A Vermont Cease and Desist Letter for Libelous or Slanderous Statements is a formal legal document used to address instances of defamation of character, either through libel (written statements) or slander (spoken statements). This letter aims to demand the immediate cessation of the defamatory communication, the retraction of false statements, and a public apology. It serves as a warning to the offending party that legal action may be pursued if the defamatory statements persist. Types of Vermont Cease and Desist Letters for Defamation of Character: 1. Individual Cease and Desist Letter: This type of letter is used when an individual's character has been defamed by false and harmful statements. It is usually sent by the affected party or their legal representative to the person responsible for making the defamatory statements, informing them of the consequences and demanding the cessation and retraction. 2. Business Cease and Desist Letter: If false statements have been made against a business or its products/services, a business entity may issue a Cease and Desist Letter demanding an immediate end to the defamatory statements. This letter may also request financial compensation for any damages suffered as a result of the false claims. 3. Online Defamation Cease and Desist Letter: This type of letter is specifically tailored to address defamatory statements made online, such as on social media platforms, blogs, or online forums. It highlights the potential legal consequences of spreading false information online and demands the removal of the offending content within a specified timeframe. 4. Media Outlet or Publication Cease and Desist Letter: In cases where defamatory statements have been published by a media outlet or in any form of publication, a Cease and Desist Letter can be sent to the responsible party, demanding the immediate removal of the defamatory content and a prominent apology or correction issued. 5. C&D Letter with Damages Demand: In certain circumstances, a Cease and Desist Letter may also include a demand for financial compensation to cover any damages caused by the defamation. This is particularly relevant if the false statements have had a significant impact on the affected party's personal or professional reputation. It is advisable to consult with an attorney before sending a Cease and Desist Letter to ensure that all legal requirements are met and to explore other potential avenues for addressing defamation of character.
