The State of North Carolina Slander Laws and the Elements of Criminal Defamation
Defamation is an injurious crime that happens when someone makes fake and harmful statements. There are two main types of defamation that are legally recognized, “libel” which refers to a statement in writing or posted online, and “slander ”, spoken defamation.
To prevent defamation from occurring and getting worse, many choose to conduct a cease and desist letter, instructing the individual to stop making false claims before further legal action ensues. To learn more about the State of North Carolina and how it deals with defamation, see below.
Dealing with Defamation in North Carolina
In addition to state laws, it is crucial to identify the type of defamation before you proceed with a case. There are two main types of defamation, and many accessory details that separate, specify and distinguish what is not considered to be defamatory in nature, including:
Recognizing the Differences Between Slander and Libel
- Defamation can be identified in two ways, through slander and libel
- Slander is typically orated and does not have a permanent record, often being as simple as a statement against another individual or a non-verbal gesture
- Libel can be identified by the fact that it creates a permanent, lasting record
- Libel can be difficult to deal with, as it often involves instances of publications within emails, radios, televisions, newspapers, or social media posts
- Identifying the main cause and type of defamation that occurred is the first way to prove a defamation claim, or to establish the grounds for sending a cease and desist letter
Online Slander in the State of North Carolina
Although identifying who is behind online defamation can be difficult, the State of North Carolina streamlines the process of pursuing legal action against a cyber slanderer. These laws can be called upon when:
- A victim is in reasonable fear for their safety (or the safety of a loved one)
- The victim suffers distress and fears for their bodily safety, death, or harassment (N.C. Gen. Stat. Ann. 14-277-3S)
- North Carolina also has specific laws that criminalize behavior that mimics online harassment, including:
- Creating a fake user profile
- Posing as a minor and communicating with or posting messages about a minor in order to intimidate or torment them or their parents
Penalties for Cyber Slander in the State of North Carolina
In the state of North Carolina, Cyber Slander is a Class 1 or Class 2 misdemeanor, and can also cross the line into stalking:
- In some cases, it is punishable by fines of up to $10,000
- 18 months jail time
- Both, or a mixture of penalties depending on the severity of the offense
- Compensation for therapy and emotional trauma
Slander in the State of North Carolina
In North Carolina, the law states that the following are aspects of defamation that are provable in criminal court:
|Falsification||If a plaintiff in North Carolina is unable to prove that a statement is false, they will not win a defamation case|
|Harm||If a statement is considered inherently damaging (calling professionalism into question) it is likely defamation can be proven — to invalidate this, proof of the truth must be shown in court|
|Negligence||Essentially, the defendant’s actions must be criminally negligent on a case-by-case basis|
Defamation Per Se in North Carolina
North Carolina has a few clauses that are considered inherently libelous, including:
- Maintaining that an individual is guilty of a crime
- Claiming an individual has an infectious disease
- Attempting to discredit an individual professionally or industry-wise
- Subjecting an individual to public disgrace, ridicule, or harm
Can You Write A Cease and Desist Letter?
- Writing a cease and desist letter is a very complicated process that can completely derail and discredit your case if not conducted in an utmost manner
- If you are unable to prove you’ve lost anything as a result of the slander, it is unlikely your case will succeed
- In addition to this, many lawyers who will draft cease and desist letters are extremely expensive and will delay your case — keep in mind that the statute of limitations for the state of North Carolina is 2 years
Let DoNotPay Do The Work for You!
DoNotPay is the perfect, convenient solution! The Cease and Desist letter DoNotPay drafts will detail the information about the case, demand retraction, warns against any impending statements, and will order that the accused begins to abide by New Jersey state law.
All you need to do is:
1. Search Defamation on DoNotPay.
2. Tell us about your situation.
Were the statements slander or libel?
What were the statements?
Why are they false or misleading?
What consequences have you suffered as a result of these statements?
3. Based on your location, DoNotPay will immediately generate a formal demand letter on your behalf, with the most relevant state legislation regarding defamation.
That’s it! You can expect a meticulously drafted cease and desist letter tailored to your needs, in an instant!
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