- 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.
New Hampshire Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character Keywords: New Hampshire, cease and desist letter, libelous statements, slanderous statements, defamation of character, legal action, plaintiffs, demand, retraction, apology, damages, court case, resolution. Description: A New Hampshire cease and desist letter for libelous or slanderous statements is a legal document that individuals or entities can use to address and rectify defamatory remarks made against them. Defamation occurs when false statements are made, harming someone's reputation, either in written (libel) or spoken (slander) form. In New Hampshire, if you find yourself defamed through libelous or slanderous statements and wish to take action, you can start by sending a cease and desist letter. This letter aims to notify the offending party about their actions, demand an immediate halt to the defamation, and seek a retraction and an apology for the damage caused. Different Types of New Hampshire Cease and Desist Letters for Libelous or Slanderous Statements — Defamation of Character: 1. Standard Cease and Desist Letter: This type of letter includes a clear and concise explanation of the defamatory statements made, the impact on the plaintiff's reputation, and a demand for the immediate cessation of dissemination. It also requests a formal written retraction and public apology to correct the harm caused. 2. Cease and Desist Letter with Demand for Damages: In cases where the defamatory statements have caused significant harm to the plaintiff's professional or personal life, this letter incorporates a demand for compensation. The plaintiff may outline the damages suffered and specify a monetary figure they expect to receive to resolve the matter without resorting to court action. 3. Cease and Desist Letter with Threat of Legal Action: When the initial cease and desist letter does not yield the desired outcome, the plaintiff may choose to send another letter that highlights the possibility of pursuing legal recourse. This letter warns the offending party of the consequences they may face if they fail to comply with the demands set forth in the initial letter. Resolving the matter without going to court is often the goal of a cease and desist letter. However, if the offending party fails to comply, the plaintiff may decide to initiate legal proceedings. These can result in a court case where the plaintiff seeks compensation for the damage caused to their reputation as well as any associated emotional distress or loss of income. It is crucial to consult with a qualified attorney experienced in defamation law in New Hampshire before initiating any legal action or attempting to draft a cease and desist letter. They can provide expert advice tailored to your specific situation, ensuring the most effective approach to address the defamation of character you have endured.
