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Cease and Desist Letter for Defamation in New York

Defamation can ruin reputations, strain personal relationships, and cause lasting harm to careers or businesses. In New York, the law provides a clear framework for what constitutes defamation and the remedies available to those who have been targeted by false statements. One of the first steps in protecting your reputation is often to send a cease and desist letter for defamation, a formal notice demanding that the offending party stop making harmful statements and retract any false claims.

This article explains how defamation is defined under New York law, when a cease and desist letter is appropriate, and what to include in such a letter.

What Is Defamation Under New York Law

New York courts define defamation as a false statement which can expose the plaintiff to public contempt, ridicule, aversion, or disgrace, or induce an evil opinion from contemporaries, and inhibit positive societal interaction. Read More: Defamation as a Cause of Action in New York.

To bring a defamation claim in New York, a plaintiff must prove the following four elements:

  1. A false statement
  2. Publication to a third party (someone other than the plaintiff)
  3. Lack of privilege or authorization
  4. Resulting harm, unless the statement falls into certain categories of defamation that are actionable per se

Defamation per se refers to statements so inherently damaging that harm is presumed. Examples include accusations of a serious crime, statements harming a person’s trade, business, or profession, claims that someone has a loathsome disease, or statements imputing unchastity to a woman.

Additionally, only assertions of fact, not opinions, can be defamatory, since opinions cannot be proven false. Truth or substantial truth is an absolute defense to defamation.

Why Send a Cease and Desist Letter

A cease and desist letter is not a lawsuit. Instead, it serves as a formal warning that false and harmful statements must stop immediately or legal action may follow. It has several benefits.

First, it can prevent further harm. Promptly notifying the offender can stop ongoing damage to your reputation. Second, it establishes a record. The letter provides evidence that you took reasonable steps to resolve the issue before filing a lawsuit. Third, it may encourage a retraction. Sometimes, individuals are unaware that their statements are false or defamatory. A well-drafted letter can prompt them to retract the statement or issue an apology.

Key Elements of a Cease and Desist Letter for Defamation in New York

When drafting a cease and desist letter for defamation in New York, it is essential to be clear, professional, and legally precise. A strong letter should include the following:

  1. Identification of the false statements. Clearly specify what was said or written.
  2. Explanation of why the statements are false and harmful. Reference the specific harm to your reputation, career, or relationships.
  3. A demand for cessation and retraction. Request that the individual immediately stop making defamatory statements and publicly retract previous ones.
  4. A warning of legal action. State that failure to comply may lead to a lawsuit for defamation under New York law.
  5. A deadline to respond. Provide a reasonable timeframe, such as 10 to 14 days.

Sample Defamatory Scenarios in New York

Examples of situations where a cease and desist letter may be appropriate include:

  • a competitor falsely claiming your business engages in fraud;
  • a former colleague spreading false allegations of criminal activity, or;
  • social media posts that accuse you of professional misconduct without evidence.

What If They Ignore the Letter

If the recipient refuses to stop or retract their defamatory statements, you may consider filing a defamation lawsuit. In New York, this requires showing that the statement meets the legal definition of defamation and that it caused actual damages, unless the statement is defamatory per se.

Consulting an attorney is strongly recommended before taking legal action, as defamation cases often hinge on nuances between fact and opinion and the availability of defenses like truth or privilege.

Final Thoughts

A cease and desist letter for defamation in New York is a powerful first step to safeguard your reputation. By citing New York’s defamation law and demanding a retraction, you may resolve the issue without litigation. However, if the harmful statements continue, you have the right to pursue legal remedies under the state’s defamation laws.