Defamation Cease and Desist Letter - Template Form Pro · NG-law

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WITHOUT PREJUDICE

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Dear Sir/Madam,

RE: CEASE AND DESIST — DEFAMATION OF CHARACTER AND DEMAND FOR RETRACTION AND APOLOGY

§ 1. INTRODUCTION

1.1. This letter is written by and on behalf of ________ ("the Aggrieved Party") and is addressed to ________ ("you").

1.2. The purpose of this letter is to formally notify you that you must immediately CEASE AND DESIST from the publication and continued circulation of false, malicious, and defamatory statements concerning the character, reputation, trade, business, and profession of the Aggrieved Party.

§ 2. PARTICULARS OF THE DEFAMATORY PUBLICATION

2.1. It has come to the attention of the Aggrieved Party that you have made and/or published the following false and defamatory statement(s):

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2.2. The said statement(s) were made and/or published on or about ________ through the following medium(s): ________, and were communicated to the following third parties: ________.

§ 3. THE LEGAL POSITION

3.1. The statement(s) referred to above are wholly false, made without lawful justification, and were calculated to and did in fact injure the good name, credit, character, reputation, and standing of the Aggrieved Party. By their natural and ordinary meaning, and/or by innuendo, the said statement(s) hold the Aggrieved Party up to public ridicule, contempt, hatred, and odium and have damaged the Aggrieved Party in his/her trade, business, and profession.

3.2. The making and publication of false statements which expose a person to ridicule, contempt, or which injure such person in his/her office, trade, business, or profession is actionable as the tort of defamation under the common law as received and applicable in Nigeria, and constitutes an infringement of the Aggrieved Party's right to dignity of the human person guaranteed by Section 34 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

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3.4. By reason of the foregoing, the Aggrieved Party has suffered, and continues to suffer, grave injury to reputation, loss, and damage.

§ 4. DEMANDS

4.1. TAKE NOTICE that the Aggrieved Party hereby demands that you, within ________ from the date of receipt of this letter:

(a) immediately and permanently CEASE AND DESIST from making, publishing, repeating, or in any manner circulating the defamatory statement(s) or any similar statement concerning the Aggrieved Party;

(b) issue a full and unqualified written retraction of the defamatory statement(s);

(c) tender a written apology to the Aggrieved Party in terms acceptable to the Aggrieved Party, and cause same to be published in the same medium(s) and with the same prominence as the original defamatory statement(s); and

(d) comply with the following further demands:

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§ 5. CONSEQUENCES OF NON-COMPLIANCE

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5.2. PLEASE BE ADVISED that this letter, and any failure on your part to comply with its terms, may be tendered and relied upon as evidence in any subsequent proceedings, whether civil or criminal, and in support of any application for costs.

5.3. Nothing in this letter shall be construed as a waiver of, or prejudice to, any of the rights, remedies, claims, or causes of action available to the Aggrieved Party, all of which are expressly reserved.

§ 6. CORRESPONDENCE

6.1. Should you wish to discuss or resolve this matter amicably, please contact the Aggrieved Party by email at ________ or by telephone on ________, within the time stipulated above.

6.2. It is hoped that this matter may be resolved without recourse to litigation; however, in the absence of compliance, the Aggrieved Party will proceed as set out herein.

GOVERN YOURSELF ACCORDINGLY.

Yours faithfully,

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