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 Malicious Intent In Illinois
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The Illinois Supreme Court considers five types of statements to be defamatory per se: (1) accusing a person of committing a crime, (2) accusing a person of being infected with a “loathsome communicable disease,” (3) accusing a person of lacking ability or integrity in the performance of job duties, (4) statements that ...
The statute of limitations for defamation in Illinois is one (1) year. 735 ILCS 5/13-201. It states: Defamation – Privacy.
Based on this definition, this Court has held that four elements constitute the crime of libel, namely (a) defamatory imputation tending to cause dishonor, discredit or contempt; (b) malice, either in law or in fact; (c) publication; and (d) identifiability of the person defamed.
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.
The plaintiff must prove that the defendant was negligent if the plaintiff is a private individual. On the other hand, if the plaintiff is a public figure or official, the plaintiff must demonstrate that the defendant acted with actual malice.
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.
Malicious falsehood is defined as a false statement that is made maliciously (intentionally with knowledge of its falsehood, or with reckless disregard for the truth). When malicious falsehood occurs, it can give rise to a civil lawsuit for either libel or slander.
In Illinois the following are the element of a libel or defamation cause of action: the defendant made a false statement regarding the plaintiff; the statement was published to a third-party and it wasn't done so in a privileged context or setting;
To prevail on a defamation claim, a plaintiff must establish the following: That the defendant made a defamatory statement to a third person; That the statement was false; That the defendant was legally at fault in making the statement, and.
Truth is the best defense to defamation. For example if sued for calling a person a criminal, then the defendant could produce a valid record of a criminal conviction, properly certified and exemplified and the defendant would probably be granted summary judgement.
