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

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US-00989BG
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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

Statements incapable of being proven true or false, known as ?pure opinion,? are not defamatory (e.g., ?Jane is a terrible boss?).

942.01 Defamation. (1) Whoever with intent to defame communicates any defamatory matter to a 3rd person without the consent of the person defamed is guilty of a Class A misdemeanor.

Defamation is a legal term for a false statement made by a person that injures another person's reputation or character. Libel is written defamation. Slander is spoken defamation. In most states, defamation is not a crime, but it is a "tort."

That someone made a false statement of purported fact about you: That the statement was made (published) to a third party; That the person who made the statement did so negligently, recklessly or intentionally; and, That as a result of the statement, your reputation was damaged.

Typically, false accusations fall under one of four types of claims: False imprisonment ? When you are held in prison without justification. Malicious prosecution ? When legal action is brought against you without cause. Libel ? When someone publishes or records statements about you that cause harm.

To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject ...

Falsity: Defamation law will only consider statements defamatory if they are, in fact, false. A true statement is not considered defamation in many states. In some states, truth is a defense (see below).

When in written form it is often called 'libel'. Defamation has always acted as a limit on both the freedom of speech as well as the freedom of the press. There is no such thing as a false opinion or idea ? however, there can be a false fact, and these are not protected under the First Amendment.

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