I am going to provide you information on both slander and libel since they are so closely related and so often confused with each other.
Both involve the communication of false information about a person, group or entity. Libel is any defamation that can be seen....writings, printing, effigy, movie or statue. Slander, is any defamation that is spoken and heard.
They are civil injuries that harm reputation, cause a reduction in respect, regard or confidence, or cause disparaging, hostile or disagreeable opinions or feelings against an individual or entity.
The laws regarding libel and slander are the same.
To prevail in a suit for libel or slander and recover damages, you must prove 4 things: (i) the defendant conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than you); (iii) you can be identified as the the person referred to in the defamatory material; and (iv) you suffered an injury to your reputation as a result of the communication.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
If you have a follow-up question, please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
What about a cease and desist letter ? any suggesions ?
A cease and desist letter prior to filing your defamation suit would most likely be very effective. Receiving a letter demanding one to cease and desist or face a defamation suit is usually pretty compelling. It will most likely stop any further defamation. You might still want to consider filing your suit for damages resulting from past defamation.
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