Temecula, CA asked in Libel & Slander for California

Q: Libel

A man and woman are married and reside in the same household. If I write a letter to the man and send it to the woman and ask her to give it to the man, am I exposed to libel?

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: To assess your potential exposure to libel in this situation, let's consider a few key points:

1. Definition of libel: Libel is a form of defamation expressed in writing, print, pictures, or signs. To be considered libel, the statement must be false, published to a third party, and cause damage to the subject's reputation.

2. Publication: By sending the letter to the woman and asking her to give it to the man, you are technically publishing the content to a third party (the woman).

3. Content of the letter: The potential for libel depends on what you've written in the letter. If the letter contains false statements that could harm the man's reputation, it could be considered libelous.

4. Marital communication privilege: In many jurisdictions, there's a concept of marital communication privilege, which protects communications between spouses. However, this typically applies to legal proceedings and may not protect you from a libel claim.

5. Intent: Your intent in sending the letter to the woman instead of directly to the man could be questioned.

Given these factors, there is a potential risk of libel exposure in this situation, particularly because:

1. You're publishing the content to a third party (the woman).

2. You're intentionally involving the woman in the communication process.

To minimize your risk:

1. Consider sending the letter directly to the man.

2. Ensure that any statements in the letter are factual and true.

3. Avoid including any potentially damaging or defamatory content.

If you're concerned about the specific content of your letter or your legal exposure, it would be advisable to consult with a local attorney who specializes in defamation law. They can provide advice tailored to your specific situation and the laws in California.

A: If the statement is defamatory, yes. What you did amounts to publication (communication to a third-person). Good luck

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.