Louisiana Defamation Law – An Overview
Now, you may not be Liskula Cohen who got called “The Skankiest in New York”, but everyone has a fairly decent idea of what it feels like to have half-truths and untruths spread about them. The legal term for this is defamation and all 50 states in the US have different laws regarding defamation.
This article will cast a spotlight on Louisiana defamation laws, examine all the clauses it covers, and the necessary steps you should take using DoNotPay before filing a defamation lawsuit in Louisiana.
Louisiana Defamation Laws
The Louisiana defamation Law Title 14, RS 14.47 was established in 1945 and revised in 1968, 2006, and 2016, making it one of the oldest and most elaborate state laws covering defamation.
The state defines defamation as any ‘publication’ or ‘expression’, written and distributed to persons other than the individual being defamed, which can be deemed malicious. Generally, a publication is deemed malicious if such publications can be proven to:
- Expose the defamed party to acts of public resentment, scorn, and loss of public trust and confidence.
- Expose uncertifiable details about someone dead to damage their legacy.
- Have caused a party significant losses to a person, their business, or occupation.
The penalty for violating the state defamation law is a fine of $500, imprisonment for half a year, or a combination of both, depending on the severity of defamation.
How To Determine Defamation in Louisiana
Depending on whether you are a public figure or not, there are specific clauses to the law that specifies when you should bring up a defamation lawsuit and what you’d most likely be up against. You should be certain the defamer is not covered by a privilege.
A person who has absolute privilege has the right to make what you’d call a defamatory statement, against you on account of their position, office, or occupation. Judges and political officers fall under this category.
An alleged defamatory post may be given conditional privilege if it is meant to protect a person’s self-interest, common interest, or serve as a vendetta effort at retaliation for previous defamation done.
For people who are public figures the chances of winning a defamation lawsuit are slim as they bear the burden of further proving the defamer had acted with malicious intent.
Before You Sue For Defamation in Louisiana
All persons who live or work in the state of Louisiana can bring up a lawsuit against another party in the state. You will need to prepare a solid case that can prove what the other party published is/has:
|False||A basic element of a defamation suit is the conviction that it is false. Any element of truth attached to the published defamation lends credence to it as truth and not false.|
|Been seen by other parties||You should prove that defamation was seen by persons other than you and your defendant.|
|Caused significant damages||There are physical, mental, and financial damages you could suffer as a result of the defamation. The law gives you the full right to bring legal action and recover all your lawsuits.|
|Warrants compensation||Compensation stated could be monetary or non-monetary, either way. You’ll have to prove how you deserve such.|
Prepare A Cease and Desist Letter
As with most lawsuits, it’s always a great idea to exhaust all your options before heading to court. Most people may prefer to give an oral warning or employ the services of an intermediary, but it is always a better step to prepare a cease and desist letter. This letter notifies the party that you are unhappy with their words and requests that they take it down before you take legal action.
Some people prefer to use a generic cease and desist letter template from the internet, but that may not be reliable for your case. If you go with a lawyer, you may shell large amounts of money to get a simple job done. Your best bet is an essential self-help tool like DoNotPay that helps you create a detailed cease and desist letter!
DoNotPay Helps You Draft A Cease and Desist Letter
DoNotPay’s Defamation Demand Letter product is a simple way to put a stop to defamation and harassment. The product works by requesting your information and details about the defamation case. It also adds a request for retraction of the defamatory statement(s) and the threat of consequences in accordance with Louisiana defamation laws and statutes. Here’s how it works:
1. Search “defamation” on the DoNotPay app or website
2. Select whether you faced slander or libel
3. Explain the type of defamation and the consequences you have suffered as a result
And you’re done! DoNotPay will draft a cease and desist letter for you within minutes! It will include the relevant state laws to have the recipient stop defamatory behavior.
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