- 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.
A "Cease and Desist Letter for Libelous or Slanderous Statements — Defamation of Character" is a legal document issued in Oklahoma to demand an individual or entity to immediately stop making false statements that damage one's reputation. Libel refers to written defamatory statements, while slander refers to spoken defamatory statements. Here is a detailed description of this type of cease and desist letter and its various forms: 1. Overview: This document provides an overview of what a cease and desist letter for libelous or slanderous statements entails and how it serves to protect the aggrieved party's reputation. It clarifies that making false statements or spreading damaging information can result in serious legal consequences. 2. Introduction: The letter begins with an introduction to establish credibility and authority on behalf of the sender, which may be an individual, business, or legal representative. It briefly explains the reasons for sending the letter and the seriousness of the situation. 3. Identification of Defamatory Statements: The letter identifies the specific defamatory statements made by the recipient or their representatives. Each statement is outlined in detail, emphasizing its falsehood and the resulting harm caused to the aggrieved party's reputation. 4. Legal Grounds: This section provides an explanation of the applicable laws in Oklahoma concerning defamation, including libel and slander. It might include references to relevant statutes, case law, and legal concepts like "actual malice" (knowingly spreading false information) and "reckless disregard for the truth." The sender aims to educate the recipient about the potential legal consequences of their actions. 5. Demand to Cease and Desist: The core purpose of the letter is to formally demand that the recipient immediately cease making false statements, spreading damaging information, or engaging in any form of defamation against the aggrieved party. It requests compliance within a specified timeframe to avoid further legal action. 6. Retraction and Apology: In some cases, the cease and desist letter may include a demand for a retraction of the defamatory statements made and a sincere apology from the recipient. The letter might outline specific guidelines for the retraction and instruct the recipient on how the correction should be made, such as publishing the apology in the same mediums used to spread the false information. 7. Preservation of Evidence: This section advises the recipient to preserve all evidence related to the defamatory statements, including but not limited to emails, social media posts, screenshots, or any other form of communication that could be used as evidence in potential legal proceedings. 8. Consequences of Non-compliance: The letter explicitly states the potential legal consequences of non-compliance, such as pursuing a civil lawsuit for damages incurred as a result of the defamation. This may include seeking financial compensation for reputational harm, punitive damages, and attorney fees. 9. Conclusion: The letter concludes with a polite yet firm reiteration of the demand to cease and desist the defamation immediately. It includes contact information for further communication and may specify a deadline for the recipient's response. It's important to note that while the above description covers the general format and sections of a cease and desist letter, the specific content may vary depending on the circumstances and the advice of legal counsel.
