Mecklenburg North Carolina Notice or Demand for Retraction Regarding Libelous Publication - Defamation of Character

State:
Multi-State
County:
Mecklenburg
Control #:
US-00958BG
Format:
Word; 
Rich Text
Instant download

Description

This form is used to demand or notify a publication to withdraw 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.

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FAQ

The demand for correction or retraction shall be in writing, signed by the defamed person or the attorney of the person and be delivered to the publisher of the defamatory statement, either personally, by registered mail or by certified mail with return receipt at the publisher's place of business or residence within

Retraction: in cases involving publication of a libel in a newspaper or of a slander by radio broadcast, if a defamer retracts the allegedly defamatory statement that often will serve as a defense to any defamation lawsuit, especially if the defamer also apologizes.

For material to be defamatory it must be published (made available) to a third person who is capable of understanding its defamatory significance. A letter is not published if it is in a language unknown to the reader.

If you comply with these procedures after receiving a retraction request and you are found to be liable for libel, the plaintiff's ability to recover damages from you will be limited. He or she will be able to recover only for his or her actual economic losses and will not be able to recover punitive damages.

To prevail in a defamation lawsuit, a plaintiff must prove that the defendant made a false and defamatory statement about the plaintiff that was communicated to a third party. Thus a false and objectionable statement sent in an e-mail to the plaintiff's co-worker may be libelous.

A defamatory statement is considered published when it is communicated either intentionally, with actual malice or reckless disregard, or negligently, to someone other than the person being defamed. The statement must also be reasonably understood by the recipient to be false.

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 person or entity who is the subject of the statement.

New South Wales s14B limitation period in defamation actions is 1 year from the date of publication.

1. that the communication has been published to a third person; 2. that the communication identifies (or is about) the plaintiff; and 3. that the communication is defamatory.

A retraction statute is a law that allows a defamation plaintiff to retract, or take back, a defamatory statement. Retraction statutes vary considerably from state to state in terms of their coverage and net effect. Under many statutes, a plaintiff has to request a retraction within a certain time frame.

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Mecklenburg North Carolina Notice or Demand for Retraction Regarding Libelous Publication - Defamation of Character