If somebody slanders you in writing but the letter is intended to be private, does this constitute libel?

Question

Someone is threatening to sue me (they are currently unaware that have concrete evidence proving I wasn't responsible for what they say I am). I received a letter from their lawyer in which they state, quite categorically, that I am responsible. Obviously this is untrue and so would constitute libel, but I am unsure as to whether the fact that the letter was addressed soley to me affects this status?

I suppose I'm asking does written slander (Libel) have to be openly published?

Answer 1

I know there is a difference between slander and libel (a legal difference at least), but I'd have to look it up again to be sure. If they are only saying it to YOU, I don't think you have a case. If they are telling other people, then it's bad. I'll see if I can find anything else out and edit it in.

OK - here's the difference.

The difference between slander and libel is that libel is the written or otherwise published, public defamation of a person or entity such as an organization or company, while slander is the spoken false defamation of a person or entity. Slander can also include bodily gestures while libel can include published photographs. Defamation is any wrongful injury to the reputation of a person or entity.

I think the key word in there is 'public'. I also found:

United States law dictates that for something to be considered libel it must be proven that the one making the libelous charges did so with malicious intent and with full knowledge that the statements were false. Furthermore personal opinion is protected as a First Amendment right. Therefore being careful to state the facts of a personal experience in non-malicious language, followed by words like, "therefore in my opinion..." will go a long way towards protecting yourself against charges of slander or libel.

So - if the people suing you honestly think you did something wrong, even if you can prove it otherwise, it's not libel. Once you tell them you have concrete evidence, then you'd have a case if the still accused you to someone else.

Good luck!

Answer 2

I would say that the key here is that in order to constitute libel, there must be 'defamation' in written form. Defamation, as the first answerer rightly says is wrongful injury to your reputation. As 'reputation' can only (obviously) be in the eyes of other people and society as a whole, then it is demonstrating a negative effect on the opinion of you held by other people/society which is key to proving defamation. Since the comments are in a letter intended for your eyes only, you would have a really hard time persuading a court that you had been defamed, as the only person who the comments were intended to be seen by was yourself. I'd say you'd not have a cat's chance in Hull of proving libel (and remember the onus is upon you to prove the libel). If this were not so, then every single lawyer I have ever met (and I have met a lot) would be doing time for repeated libel/slander.

Answer 3

i am not a lawyer but if you have any proof that is concrete than yeah of course it is libel aslong you didn't get the proof untoward. If in doubt go and ask the C.A.B (in the UK) if not a lawyer, solicitor. Good luck before i forget slander is verbal for proof of this it needs to taped. Libel is written and needs to have the accuser name/signature

Answer 4

You can`t slander in writing - you slander in speech.
It`s libel in print ,a private letter however doesn`t get covered as print.If however the letter does go to print then it`s libel and you have a case.
If you have proof of innocence then produce it to your accuser.

Answer 5

It's not libel because it's not public. In addition, in order to prevail you would have to show damages. Given that the letter was entirely private, where are the damages? How were you harmed? How was your public reputation harmed?

Let it go. It's simply the tactics of a party to a dispute/lawsuit.

Answer 6

Ever heard of the word Attorney...if someone is threatening a suit than I'd advise you get counsel regardless of it being a false claim. PEACE!

Answer 7

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