Defamation Cease and Desist Letter Template

Defamation can cause significant financial and reputational harm. In many cases, quick action with a cease and desist letter can halt or even reverse the harm.

What a Defamation Cease and Desist Letter Is

Sending a cease and desist letter gives notice of a defamation claim to the person who stated or wrote the defamatory statement. The letter demands that the party cease making or writing falsehoods about the claimant.

Libel vs. Slander and Defamation Per Se

Defamation occurs when someone makes a false statement of fact to at least one third-party about an identifiable individual or business. The target of the falsehood must have suffered harm to their character.

Defamation spread in writing is libel, while defamation spread orally is slander. The elements for both types of defamation are the same. However, the nature of the communication can affect the amount of harm that occurs and how the harm is proven.

Defamation per se covers certain categories of falsehoods that are so damaging that they are presumed to harm the target’s character and reputation. The per se categories vary by state, but typically include the following:

• Criminal acts
• A “loathsome” disease
• Professional or business incompetence
• Sexual misconduct, impotence or promiscuity

When defamation falls into a per se category, the victim can generally recover damages without proving the amount.

When the target is a public figure, the First Amendment raises the bar for defamation claims. Generally, a public figure must prove that the other party acted with actual malice, meaning that they knew the statement was false or recklessly disregarded its falsity.

When to Send the Letter

Consider sending the letter as soon as possible after you learn of the false statement. You might prevent further spread of the falsehood. Moreover, once the other party is on notice of the claim, any further spread of the statement could be deemed willful.

What the Letter Must Include

A cease and desist letter for defamation will generally include the following:

• Explain who you are
• Specifically identify the false statement
• Correct the falsehood with facts
• Demand that the person cease stating the falsehood

Depending on the situation, you may also ask for a retraction or correction to cure the false statement.

How to Write and Deliver It

A letter that focuses on the specific statement is often the most effective. Write professionally and objectively, since the letter may be evidence in any subsequent lawsuit. Consider speaking to a lawyer or even asking a lawyer to draft the letter.

Send it with delivery confirmation. This method will confirm that the party received the letter and document when they received it.

What to Do if Defamation Continues

Defamation claims must be enforced in court. If you suffered serious losses or the defamation continues, consider filing a defamation lawsuit and seeking a preliminary injunction. An injunction happens when a court orders the other person to stop, pending the resolution of the lawsuit.

Find the Right Demand Letter Template

An effective cease and desist letter can resolve defamation without a lawsuit. Browse more ConsumerShield cease and desist letters to find the right template for your situation.