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.
Defamation Of Character Examples In Illinois
Instant download
Description
Form popularity
FAQ
Statements incapable of being proven true or false, known as “pure opinion,” are not defamatory (e.g., “Jane is a terrible boss”).
Under Illinois law, to prove a claim for defamation, a person needs evidence to show that: The defendant made a false statement about the plaintiff, The false statement was made to a third party, The defendant was at least negligent in making the false statement, and. The plaintiff was damaged by the false statement.
Illinois defines defamation as a false statement of fact about the plaintiff “published,” which means shared with another person, that harms the plaintiff's reputation (i.e. lowers the plaintiff in the eyes of the community). There are two categories of defamation in Illinois: defamation per se and defamation per quod.
If you decide to do it alone, your letter should state the specific defamatory statements made, confirm that they are defamatory, indicate the reputational harm caused, demand an apology and retraction of those statements, and demand that they cease making further statements failing which you will sue them.
To this end, three types of damages can be awarded for defamation: Special damages: Special damages are real, economic damages. This includes loss of business or customers, loss of earning capacity, or medical bills for therapy. General damages: General damages are damages that are not economic.
Illinois courts recognize a number of privileges and defenses in the context of defamation actions, including the fair report privilege, substantial truth, and the opinion and fair comment privileges. Illinois has neither recognized nor rejected the wire service defense and the neutral reportage privilege.
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.
In Illinois, a defamation claim generally has three elements that the plaintiff the must prove in order to recover: (1) a false statement about the plaintiff; (2) made to a third party (also known as publication); (3) that harms the plaintiff's reputation.
A cease and desist letter is typically sent when someone is engaging in activities that violate your rights or cause harm, such as intellectual property infringement, harassment, or defamation. It's often the first step in addressing the issue without immediately resorting to legal action.
