Cease & Desist Defamation of Character Template, Example, Sample Form

Updated Business Law

Defamation Cease and Desist Overview

The following cease and desist letter template is for use in defamation of character claims and is written from the perspective of a Minnesota attorney on behalf of a client whose character has been defamed. This template can be modified for claims involving libel or slander. Click this link for other types of cease and desist letters.

Because laws vary from jurisdiction to jurisdiction, this cease and desist letter should not be used without first consulting with an attorney. Cease and desist letters are generally more effective when sent by an attorney.

What Is Defamation of Character?

Defamation of character is a legal term for false statements that damage someone’s reputation. Under the law, defamation has two forms:

  • Libel — Written or published false statements, including statements made in print, online, in emails, or on social media.
  • Slander — Spoken false statements, including statements made in conversation, during meetings, or over the phone.

To establish a defamation claim, you generally must prove that someone made a false statement of fact (not opinion) about you, that the statement was communicated to a third party, that the speaker was at fault (acted with negligence or malice), and that the statement caused you damages. Depending on the jurisdiction, certain categories of defamatory statements — such as accusations of criminal conduct or unfitness in business — may presume damages without requiring specific proof of financial loss.

Defamation vs. Slander vs. Libel

These terms are often confused. Defamation is the broad legal category. Slander and libel are the two types of defamation:

  • Defamation = any false statement that harms someone’s reputation
  • Slander = spoken defamation
  • Libel = written or published defamation

The distinction matters because the evidentiary requirements and available remedies may differ. If the defamatory statements in your situation were spoken, our slander cease and desist template may be more appropriate.

When to Send a Defamation Cease and Desist Letter

A defamation cease and desist letter is appropriate when someone has made false statements about you that are causing real harm. Common scenarios include:

  • Negative online reviews — False statements of fact posted on review sites, Google, or social media. Note that opinions and truthful statements are generally not defamation, even if they are unfavorable.
  • Competitor disparagement — A business competitor spreads false information about your products, services, or business practices to gain a competitive advantage.
  • Former employee statements — A former employee makes false claims about your business, management practices, or workplace conditions.
  • Social media posts — False accusations or rumors published on platforms like Facebook, X (Twitter), LinkedIn, or Instagram.

Before sending a defamation cease and desist letter, consider the risks of sending a cease and desist. In some situations, sending a C&D can draw more attention to the statements you want to suppress — what is sometimes called the Streisand effect.

Defenses to Defamation

If you are considering sending a defamation cease and desist letter, you should be aware that the recipient may raise several legal defenses:

  • Truth — Truth is an absolute defense to defamation. If the statement is substantially true, a defamation claim will not succeed.
  • Opinion — Statements of pure opinion (as opposed to statements of fact) are generally protected. However, statements that imply false underlying facts may still be actionable.
  • Privilege — Certain statements are protected by legal privilege, including statements made in judicial proceedings, legislative proceedings, and some government communications.
  • Public figure defense — Public figures face a higher burden in defamation cases and must prove the speaker acted with “actual malice” — knowing the statement was false or acting with reckless disregard for the truth.

Understanding these defenses helps you evaluate the strength of your position before sending a cease and desist letter. For more on protecting your interests, see Insurance Coverage for Business Defamation Claims.

Free Cease and Desist Letter Template Download:

→ CLICK HERE TO DOWNLOAD defamation-cease-and-desist.doc

CEASE AND DESIST

[DATE]

By Certified Mail

Ms. Jane Doe
[STREET ADDRESS]
[CITY], [STATE] [ZIP]

Dear Ms. Doe:

This law firm represents [CLIENT NAME]. If you are represented by legal counsel, please direct this letter to your attorney immediately and have your attorney notify us of such representation.

You are hereby directed to

CEASE AND DESIST ALL DEFAMATION OF
[CLIENT NAME]’S CHARACTER AND REPUTATION.

[CLIENT NAME] is an educated, respected professional in the community. She has spent years serving the community in her profession and building a positive reputation. [CLIENT NAME] has learned that you have engaged in spreading false, destructive, and defamatory rumors about her.

Under Minnesota law, it is unlawful to engage in defamation of another’s character and reputation. Defamation consists of

(1) a statement that tends to injure reputation;
(2) communicated to another; and
(3) that the speaker knew or should have known was false.

Your defamatory statements involved [CIRCUMSTANCES AND/OR DESCRIPTION OF DEFAMATORY STATEMENTS].

Accordingly, we demand that you (A) immediately cease and desist your unlawful defamation of [CLIENT NAME] and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation of [CLIENT NAME]’s character and reputation.

If you do not comply with this cease and desist demand within this time period, [CLIENT NAME] is entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised that [CLIENT NAME] has asked us to communicate to you that she will pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.

Before taking these steps, however, my client wished to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. Accordingly, please sign and return the attached Defamation Settlement Agreement within ten (10) days to

[FIRM NAME]
[FIRM ADDRESS]
[FIRM CITY, STATE, ZIP]

I recommend that you consult with an attorney regarding this matter. If you or your attorney have any questions, please contact me directly.

Sincerely,


[NAME]

Frequently Asked Questions

Can I sue for defamation without a cease and desist letter?

Yes. There is no legal requirement to send a cease and desist letter before filing a defamation lawsuit. However, a cease and desist letter can sometimes resolve the matter without litigation, preserve evidence, and demonstrate that you acted in good faith. See Should You Send a Cease and Desist Before Starting a Lawsuit?

What if the defamatory statement is on social media?

Defamatory statements on social media are generally treated as libel (written defamation). You can send a cease and desist letter to the person who posted the statement. You may also be able to report the content to the platform for removal. Note that under Section 230 of the Communications Decency Act, social media platforms are generally not liable for content posted by users.

Is a negative online review defamation?

Not necessarily. A negative review that expresses genuine opinions or describes true experiences is generally protected speech. However, a review that contains provably false statements of fact — not just unfavorable opinions — may be actionable as defamation. The line between opinion and fact can be difficult to draw, and an attorney can help evaluate whether a specific review crosses that line.

What damages can I recover for defamation?

Depending on the circumstances, you may recover compensatory damages (for lost income, lost business, and emotional distress), special damages (specific proven financial losses), and in some cases, punitive damages if the speaker acted with malice. In defamation per se cases — such as false accusations of criminal conduct — damages may be presumed without requiring proof of specific financial harm.

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