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Good morning. Just to be clear, you mean defamation of character?
Thank you. Defamation is a cause of action for written or spoken communications that cause a person to suffer damage to their reputation, or have a tendency to cause such damage. A plaintiff must prove that a defamatory statement was made, that the statement was published to a third party, that the person publishing the statement was negligent as to its truth or knew that the statement was false, and damages resulting from the defamatory statement. As such, it is important to keep in mind that the truth is always a defense. If they mentioned you and what was disclosed was true, it would be hard to sue them and recover, as a result of this being related to your brother and the show mentioning you. If they said things about you that were not true and false, then you would have a legal basis to sue them. The truth of a statement is a complete defense to a claim of defamation. There will be no liability under a defamation cause of action if the allegedly defamatory statements are demonstrated to be true. In addition, you would need to show damages. I know you shared above that this could potentially effect your public reputation but it would need to be shown that it did
I certainly understand that you do not want the negative light reflected on you. You can try and go after them and sue but as I shared, the truth, is a defense, so it would all depend on how they presented you in the show and if they did something, to place you in the light as someone involved with the crime.
There is no crime here, as the issue is civil, not criminal. At this point, you can send a demand letter and cease and desist letter, advising of the defamatory nature of the show and how it places you in bad/false light and it is damaging your reputation because it is not true and ask that they edit you out of it and no longer show it. Moreover, if you have known damages, you can make a monetary demand for those as well and see if they are willing to settle, assuming they recognize they messed up and you have a valid cause of action. If they refuse, then you have to file a lawsuit.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
The Colorado Bar has a search engine which you can use to find an attorney in your area, who you can speak with who can evaluate the cause of action which you may have. Here is a link to use for them.
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