What Can I Do If Someone Is Slandering Me?
How Can I Prove Slander?
In a slander lawsuit, you should be able to prove all of the following elements:
- Someone said a defamatory statement about you, being aware that it was false.
- That someone or the statement is not categorized as “privileged”.
- The person saying the defamatory statement acted negligently when the person published the statement.
- You were damaged as a result of the defamatory statement.
As long as you can prove these points, you have a really good chance of winning any lawsuit you will file. However, your first step should be to write a cease and desist letter, which we will talk about in the following sections.
How to Prove Slander
In order to have a strong case, you need to demonstrate the following elements. You will also include them in your cease and desist letter to show the defendant that you have a strong case. Let’s look at them in detail:
|Defamatory statement||The statement needs to be defamatory and it is good to have a knowledge of what defamatory exactly means before taking any action.|
|The statement needs to be heard by another party||It does not have to be published literally, even loud speaking and being heard by others can be enough, since it is a slander case, which is spoken words.|
|The statement needs to be false||Even if the statement damages your reputation, as long as the statement is true, there is nothing you can do. The statement has to be false or a lie in order to qualify as slander. By false, we mean objectively false. If the statement is false but it is just a subjective mere opinion, it still is not slander.|
|The statement needs to be harmful||If you are claiming slander, you have to be able to demonstrate that the statement damaged you in some way. Some examples of demonstrating damage can be:
|The statement should target you||The third-party, who heard the defamatory statement must know that the statement was targeting you. There is a “Reasonable Person Standard” which courts use, and determine whether a reasonable person would think that the statement was referring to you.|
|The statement should show real malice||This is the case with public officials and public figures. Since their personal life is a kind of public concern, they need to demonstrate that the person who made the statement acted with actual malice. Actual malice here means that the person willingly and carelessly made the statement, knowing that it was false.|
|The statement does not qualify as privileged||You must demonstrate that the defamatory statement made by the defendant was not privileged. Privileged situations include:
Write Your Cease and Desist Letter Easily With DoNotPay!
Before you file a lawsuit for slander, your first course of action should be to write a cease and desist letter to the defamer. This letter will express your intention to sue should the defamer not stop the defamation. DoNotPay can help you write a strongly worded letter in minutes! All you need to do is:
1. Choose the Defamation Demand Letters product on DoNotPay.
3. Based on your state’s defamation laws, DoNotPay will generate you a customized cease and desist letter.
That’s it! DoNotPay will handle the hard work and send you the perfect cease and desist letter for you to serve to the defendant.
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