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Kentucky Notice or Demand for Retraction Regarding Libelous Publication and Apology - Defamation of Character

Category:
Civil Actions - Libelous Publications
State:
Multi-State
Control #:
US-00989BG
Format:
Word; 
Rich Text
Instant download
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Description

A retraction is the withdrawal of defamatory statements previously made. A notice or demand for retraction that is made pursuant to a statute must conform to the requirements of the statute. Generally, a notice should indicate to the publisher the words expected to be retracted and furnish an opportunity to publish a retraction. This notice also contains a demand for an apology.

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FAQ

A plaintiff who brings a lawsuit for defamation must prove that the defendant's defamatory statement was "published." Published means that the statement was intentionally or negligently communicated by the defendant to someone other than the plaintiff.

A plaintiff who brings a lawsuit for defamation must prove that the defendant's defamatory statement was "published." Published means that the statement was intentionally or negligently communicated by the defendant to someone other than the plaintiff.

In California, you must prove five elements to establish a defamation claim: An intentional publication of a statement of fact; That is false; That is unprivileged; That has a natural tendency to injure or causes ?special damage;? and, The defendant's fault in publishing the statement amounted to at least negligence.

What does it mean to say that the communication must be published? Publication simply means that a statement is communicated to any person other than the person who is defamed. For example, publication may occur when a supervisor makes a false statement about an employee to another supervisor.

Remember that a slanderous statement is a form of verbal defamation. As such, it is considered temporary since it involves speech rather than being written or published.

In Kentucky, a person can make a claim of defamation asserting that their public reputation has been tarnished.

In California, you must prove five elements to establish a defamation claim: An intentional publication of a statement of fact; That is false; That is unprivileged; That has a natural tendency to injure or causes ?special damage;? and, The defendant's fault in publishing the statement amounted to at least negligence.

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Kentucky Notice or Demand for Retraction Regarding Libelous Publication and Apology - Defamation of Character
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