Defamation of Character Laws in Indiana

Defamation Demand Letters Defamation of Character Laws in Indiana

Defamation of Character Laws in Indiana

If you are in Indiana and a person publishes a false statement about you misrepresenting your character which causes you serious harm, then you have the right to take legal action. These statements are considered defamation of character and can cause monetary losses, loss of business opportunities, and emotional distress.

This article will explain how you can recognize if the statement published about you is defamatory and the laws of defamation in Colorado. The article will also introduce you to a fast and convenient way to draft formal letters for defamation with DoNotPay.

What are Defamatory Statements and How To Recognize Defamation:

Defamatory statements are false statements presented as facts that misrepresent the character of the person it is about. These statements inflict harm on the person’s reputation and ability to work. If you are a victim of defamation, then you can file a defamation lawsuit.


Elements of Defamation

5 elements make a statement defamatory. If one of these elements does not apply, then it is not considered defamation.

  1. The statement must be false. The truth is a valid defense for defamation.
  2. A defamatory statement must be presented as a non-subjective fact about the plaintiff that is not up for debate or argument. There is a difference between stating an opinion, and defamation. If it cannot be empirically proven as right or wrong, then it may be classified as an opinion, which is not considered defamation.
  3. The statement must involve a third party or publication. If the statement is made directly to the person it revolves around, then it is not defamatory.
  4. The defendant must have malicious intent when making the statement. The defendant must be aware that the statement is false, or negligently disregards its truthfulness (questions its truthfulness but says it anyway)
  5. The statement must inflict serious harm, which can be proven. This includes monetary losses, decreases in wages, unemployment, or emotional distress, as well as damage to one’s reputation and ability to work.

Slander and Libel

Slander Libel
Intangible in the form such that it has no permanent record Tangible in Form such that it leaves a permanent record
It is in Ora or Transient form It is in Written or Published form
It is primarily found in:

  • Phone calls
  • Conversations in public gatherings
  • Face to face conversations
  • Voicemail
  • Podcasts
It is primarily found in:

  • Magazines
  • Books
  • Newspapers
  • Blogs
  • Facebook
  • Twitter
  • Instagram
The General Punishment for Slander is:

  1. Civil lawsuit
  2. Financial damages

However, punishments vary according to the laws of the country.

The General Punishment for Libel is:

  1. Monetary fines
  2. Civil lawsuit
  3. In the case of seditious libel (defamatory statements made about the president, government, or congress), then the punishment is imprisonment

Defamation in Indiana

To win a defamation lawsuit in Indiana, the plaintiff must provide evidence that the defendant:

  1. Made an untrue and damaging statement of fact about the plaintiff to a third party
  2. The plaintiff suffered from material damages from the defamatory statement
  3. That the defendant acted either negligently or with malice

Statute of Limitations for Defamation in Indiana

The statute of limitations in Indiana is two years.

Defamation Per Se in Indiana

In certain cases, a publication or statement by itself is considered defamatory, and the plaintiff does not need to prove material harm caused by the statement. There are four categories that a statement must fall under for it to be defamation per se. These categories are:

Criminal Conduct  Falsely stating that a person has committed a serious crime, such as murder.
Misconduct in an Individual’s Profession Falsely stating that a person is unfit for their position, or incompetent in their work
Sexual Misconduct Falsely stating that a person is unchaste
Loathsome Disease Falsely stating that a person has a sexually transmitted disease

Privileges and Defenses for Defamation in Indiana

Indiana courts recognize numerous privileges and defenses of defamation actions, this includes:
The truth is a viable defense for defamation.

  • Certain statements are protected under opinion and fair comment privileges
  • Indiana also recognizes the fair and general reporting privilege for reporters
  • Many defendants in online libel cases successfully argue on the grounds of Section 230 of the Communications Decency Act
  • This section protects you and holds webmasters harmless if a third party (not you or your employee or someone working under your authority) publishes defamatory content to their websites or blogs

DoNotPay Can Draw Up A Defamation Cease and Desist Letter for You in Minutes!

The first step to take if you are a victim of defamation is drafting a cease and desist letter. A cease and desist letter is a document that is sent to the defendant to stop the alleged illegal activity and not publicize defamatory statements.

DoNotPay is a reliable service that can draft a convincing cease and desist letter specific for your case in accurate detail. All you have to do is follow these three simple steps:

1. Search Defamation on DoNotPay.

 

2. Explain your situation, including whether the false statements made were libel or slander, listing the statements and explaining why they are false, and outline the consequences you have suffered as a result.

 

3. Based on your location, in this case, Indiana, DoNotPay will generate a formal demand letter on your behalf with the most relevant state legislation regarding defamation.

That is it! It is important that DoNotPay will ask you for information about the person you will send the letter to, but will not send the letter on your behalf.

This cease and desist letter will not ask for compensation, but will warn that if they do not revoke the statement, they will take them to court and seek monetary damages.

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