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.
Defamation Character Form With Example In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
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The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide.Defamation occurs when a person makes a false statement to a third party about your character from which you suffer harm. In defamation cases, truth of the allegedly defamatory statement is always an absolute defense. You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. Defamation Cease And Desist Letter. The Easiest Way to Add e-Signatures. "Defamation of character NY" refers to the willful communication of a false statement to harm someone's personal reputation. Defamation is a statement that injures a third party's reputation. Our New York defamation lawyers represent individuals that have been defamed as well as those that have been accused of having defamed others.
