A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Libel With Examples In Chicago
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Someone can make a libelous statement about a person or business in print or online. Examples of potentially libelous statements include: a social media post spreading a false rumor about a person having a sexually transmitted infection. a Yelp review that falsely claims the reviewer got food poisoning at a restaurant.
For traditional libel under the Revised Penal Code, the penalty is imprisonment ranging from six months and one day to four years and two months, along with a fine.
Associated Press's definition of libel: Any accusation that a member of society has violated common standards of ethical behavior can lead to a libel suit. In short, libel is publication of false information about a person that causes injury to that person's reputation.
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence ; and 4) damages , or some harm caused to the reputation of the person or entity who is the ...
To win a defamation case, the following elements must be proven: Falsity: The statement made must be false. Publication or Communication: The statement must have been made known to third parties. Malice: The statement must have been made with malice or ill intent.
Written defamation is called "libel," and spoken defamation is considered "slander," and they both fall under "defamation." In the US, defamation is not usually a crime. Instead, it is a "tort" or civil wrong. Under the law, a person who has been defamed can seek damages from the perpetrator.
Currently, there are 13 states that have criminal libel laws on the books that can still be enforced. Still, prosecution for this crime is extremely rare, and jail time being handed down is even rarer.
Although libel or defamation is now primarily a civil claim, it once was primarily a criminal offense, prosecuted by the government and punishable by imprisonment or a fine.
The types of damages available for defamation per se in Illinois generally include presumed damages, as discussed above, and nominal damage. Punitive damages may also be available if the plaintiff can show that the defendant acted with actual malice. Each type of damage is discussed below. Nominal damages.
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Defamation: Slander and Libel. In Illinois, the legal term "defamation" covers both libel (written defamation) and slander (spoken defamation).The attorneys at Lubin Austermuehle have over thirty years of experience defending and prosecuting defamation, slander libel and cyber smear lawsuits. Our Chicago Defamation Slander and Libel Attorneys are committed to fighting for our clients in the courtroom or when we negotiate a settlement. The distinction between libel and slander is no longer important in Illinois. Defamation is a complex area of the law. A defamatory statement made verbally is generally known as "slander. " When written, it is called "libel. Located in Chicago and Elmhurst, Illinois, we have won judgments or settlements for our clients in defamation and libel suits throughout the Chicago area. Defamatory statements may be made in writing (libel) or spoken (slander).
