How Do I Stop My Ex-Husband from Slandering me on the Internet?

Full question:

What constitutes slander in Colorado? My ex husband is making slanderous and/or libelous statements about myself and himself in a public forum on the internet. What legal recourse do I have?

  • Category: Civil Actions
  • Subcategory: Defamation
  • Date:
  • State: Colorado

Answer:

Defamation is an act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. Such defamation is couched in 'defamatory language'. Libel and slander are subcategories of defamation. Slander involves defamatory oral statements, while libel involves defamatory written statements, such as typed messages on the internet. Defamation is primarily covered under state law, but is subject to First Amendment guarantees of free speech. The scope of constitutional protection extends to statements of opinion on matters of public concern that do not contain or imply a provable factual assertion.

Libel is published material meeting these conditions:

1. a defamatory statement;
2. published to third parties;
3. which the speaker or publisher knew or should have known was false; and
4. that caused the plaintiff injury as a result of the statement

Defamation is a difficult wrong to prove, as there are various factors that are to be taken into consideration. The court must evaluate the defendant’s investigation, or lack there of, concerning the accuracy of the statement. How thoroughly the investigation was handled will reflect upon the nature and interest of the person who communicated the statement. Generally, defamation damages will not be awarded if the defendant had an honest but yet mistaken belief in the truth of the statement. The amount of damages that can be awarded is a matter of subjective determination for the court, based on all the facts and circumstances in each case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Colorado, slander is a form of defamation that involves making false oral statements about someone that harm their reputation. To prove slander, the plaintiff must show that a defamatory statement was made, it was published to third parties, the speaker knew or should have known it was false, and it caused injury. Colorado law recognizes the importance of protecting individuals from false statements that can lead to significant personal and professional harm.