- 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.
Florida Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character A Florida Cease and Desist Letter for Libelous or Slanderous Statements is a legal document used to demand an individual to immediately stop making false and harmful statements about another person's character, either in written or spoken form. Defamation of character, encompassing both libel (written defamation) and slander (spoken defamation), can cause significant harm to an individual's reputation and may result in legal consequences. It is essential to understand the various types of Cease and Desist Letters available under Florida law to address these matters effectively: 1. General Florida Cease and Desist Letter: This type of letter is suitable for addressing any libelous or slanderous statements that negatively impact an individual's reputation. It can cover false statements made in person, online, in writing, or on social media platforms. 2. Florida Cease and Desist Letter for Online Defamation: As the internet has become a prevalent platform for spreading defamatory statements, this specific letter focuses on false statements made in online forums, blogs, review websites, or any other internet-based platform. 3. Florida Cease and Desist Letter for Social Media Defamation: This kind of letter targets false and defamatory statements made specifically on social media platforms, including Facebook, Twitter, Instagram, LinkedIn, and others. It aims to halt any further spread of damaging information and may also request the removal of already published defamatory content. 4. Florida Cease and Desist Letter to Publishers or Media Outlets: If defamatory statements have been published by a newspaper, magazine, television station, or any other media outlet, this letter is used to demand their immediate cessation. It may also request a public apology and clarification to rectify the harm caused. 5. Florida Cease and Desist Letter for False Accusations or Rumors: This type of letter addresses situations where false accusations or rumors are being spread, potentially damaging an individual's personal or professional life. It demands an immediate halt to the dissemination of these false claims. While the specific format and wording may vary based on the situation, a Florida Cease and Desist Letter for Libelous or Slanderous Statements typically includes the following components: 1. Identifying and addressing the recipient: Clearly state the recipient's name, address, and contact information at the beginning of the letter. 2. Explanation of the defamatory statements: Provide details of the false statements made, including the date, location, and any evidence supporting your claim of defamation. 3. Legal context: Mention that the statements made are defamatory, explain the potential harm they can cause to your reputation, and emphasize their falsehood. 4. Demand for immediate cessation: Explicitly state that the recipient must stop making the false statements immediately and permanently. 5. Consequences of non-compliance: Warn the recipient about potential legal action if they fail to cease spreading defamatory statements. 6. Request for retraction or apology: Depending on the severity of the defamation, you can ask for a public retraction, apology, or clarification, both online and offline, to rectify the harm caused. 7. Deadline for response: Provide a reasonable deadline for the recipient to respond and comply with your demands. 8. Preservation of evidence: Advise the recipient to preserve all evidence related to the defamatory statements, including emails, messages, or any other written or digital content. Remember, it is crucial to consult with an attorney and have them review and provide guidance on the specific details and wording of your Cease and Desist Letter to ensure it is comprehensive and compliant with Florida defamation laws.
