If a person or company is defaming you with false statements (libel/slander), use a cease and desist defamation letter to demand that they stop immediately — defamation is any spoken or written statement made by a person that damages another person’s reputation. After receiving the defamation letter, the violating party must immediately stop making such false statements, and remove all false statements from any websites or forum posts, or face possible legal action.
Start writing a cease and desist defamation letter with our document builder, where you can easily fill in the blanks to provide the critical information to make your letter effective.
How to Write a Cease and Desist Letter for Defamation?
When writing a cease and desist letter for defamation, there are several factors you need to include to help your letter have an impact. All of the below elements are included in our defamation letter template:
- False Claims or Statements: It’s vital that you include the defamatory statements in your letter – whether they were spoken or written.
- Communication Method: You must include how the false claims or statements were ‘’published’’, for example in a newspaper, online or told to someone.
- Damages: When writing your cease and desist defamation letter, you should highlight the damages caused to you. Damages can be to your reputation, finances or emotional state for example.
- Demands: To make your letter effective you should state what actions the offender should take to remedy the situation, such as deleting online statements or issuing an apology.
Sample Cease and Desist Defamation Letter
Here’s what a typical cease and desist defamation letter looks like:
Cease and Desist Letter Defamation
You can create this cease and desist letter with our free defamation letter builder.
Why Use a Cease and Desist Defamation Letter?
Sending a letter to cease and desist defamatory statements can provide a number of benefits when it comes to halting defamatory statements:
- A well-written letter can put a stop to defamatory statements immediately
- It can have defamatory statements deleted or retracted
- A cease and desist defamation letter can help you avoid taking someone to court by letting the offender know the statements are false or damaging
- If your case does go to court, having sent a cease and desist letter can be used as evidence to show you asked the offender to stop or retract defamatory statements
Is a Cease and Desist Defamation Letter Legally Enforceable?
No, a cease and desist defamation letter isn’t legally enforceable. The letter’s sole purpose is to provide a warning to the offender that if they don’t stop defaming you that you may take legal action. Ideally, the letter will intimidate them into stopping their behavior before you have to take legal action, saving you time, money, and stress.
What if My Letter Is Ignored?
If your letter is ignored, you can take further steps and sue the offender for defamation. Depending on the state you live in, the law may recognize up to two types of defamation: written false statements (libel) or spoken false statements (slander).
Defamation requires that false statements be “published” or made known to a third person, either verbally or in writing. False statements are considered “defamation per se” (meaning that you don’t have to prove damages) if they allege that someone:
- committed a crime,
- has a “loathsome or contagious disease”,
- engaged in sexual misconduct, or
- did something unfit for their business, trade, or profession.
To successfully make a defamation claim, you must show the following five things:
- A false statement claiming to be fact
- Publication or communication to at least one third party
- Negligence by the publisher in publishing the false statement
- Damages or harm to the subject of the false statement
- The statement was not privileged
If you’re being faced with defamatory statements then a cease and desist letter for defamation is a good place to start, whether it puts a stop to the defamatory statements or helps you provide further evidence if you have to go to court. Start building yours now.