How to Deal with a Defamation of Character
Defamation of character involves a written (libel) or spoken (slander) statement that injures a person's reputation. The laws in every state differ, but defamation carries civil liability -- rather than criminal liability. However, because the protection of free speech is so important, to prove defamation, the verbal or written statement must be false. If a person is a public official or figure, he is held to a higher standard and must also establish actual malice, such as knowledge that the statement was false; or the failure to check whether the statement was true.
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Instructions
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Ask the person who made the defamatory statement to retract it. Whenever possible, it is preferable to come to an agreeable solution, rather than to sue for defamation. Because courts must ensure that the First Amendment right to free speech is not violated, proving defamation in court is difficult. In fact, most defamation cases are settled out of court. You may make a verbal request or a written request for a written retraction. Inform the person that you will sue him for defamation, if he fails to retract the untrue statement. This is a good option in situations where you have not yet incurred serious damages.
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File a lawsuit. If the person refuses to retract the statement, you can sue for defamation of character. You will need to complete and file a complaint. This document starts the lawsuit with the appropriate court. You will need to notify the defendant of the lawsuit by serving the complaint on him. Follow the rules regarding service of process in your state.
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Gather your evidence. Generally, to prove that defamation of character occurred, you must establish that the spoken or written statement was published, false, injurious and unprivileged. A statement is published when another person besides the speaker or the subject of the statement hears or sees it. Publication can occur through a variety of mediums, including loud talking, television, radio, books or speeches. A defamatory statement must be false, which means that it is not just presented as an opinion -- but as a statement of fact.
Additionally, the statement must cause injury to the reputation of the subject. You may show injury by establishing that you lost your job or co-workers rejected you. Lastly, the statement cannot be subject to a privilege, such as when a witness testifies in court.
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Tips & Warnings
This is one area where you really need to get legal advice because a lawyer has the legal knowledge and experience to advise you on whether or not you have a legal case against a party or parties for such a claim. Proof of damage is the essential element in a lawsuit and undue hardship can be difficult to prove.
If you phone your local courthouse, they can give you the phone number of a legal service that offers a few minutes of free legal advice.
