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 Legal Definition Within A Company In Texas
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Defamation is when someone makes a false statement about a person or entity and causes damage to their reputation. Generally, defamation means "the invasion of a person's interest in her reputation and good name.Defamation is a false statement that harms the reputation of a person or entity, such as a business. Defamation is a false statement of fact, communicated or published to a third party, that damages the subject's reputation. Defamation occurs if an individual's reputation is the focus of the false information. Defamation per se is similar to defamation but rather is a false statement that relates to someone's job or office. In Texas, defamation is a civil wrong that occurs when a person makes a false and damaging statement about another person or entity. In addition, a libelous statement is defamatory per se if, on its face, it falls within the statutory definition of libel.
