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.
Slander And Libel Laws With Florida In Suffolk
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Florida law provides a strict statute of limitations on defamation claims. According to Florida Statutes section 95.11, you have two years to file your claim.836.05 Threats; extortion. Elements of Defamation. Defamatory statements fall into two categories: libel when it's written, and slander when it's spoken. In Florida, the statute of limitations for defamation claims is two years to file once the defamatory statement is made. There is a litigation privilege making defamation laws inapplicable to court statements. The Florida Legislature has passed a law that deals specifically with written forms of defamation (libel). In the US, slander, libel, and defamation are all matters of civil tort, not criminal law. Florida law defines defamation as a knowingly false statement made for the purpose of damaging the victim's reputation or character.
