Defamation of Character in Illinois

Truth is an absolute defense to defamation of character claims.

Suing for defamation of character in Illinois is one remedy when irreparable harm has been done to a person's reputation or character. Simply put, defamation is any false claim, spoken or written, which causes harm to such a degree that a person's job or career has been negatively impacted by the "false and unprivileged" claims. Defamation of character however, has to be proven in a court of law.

Elements

In Illinois the defamed party, or plaintiff, has the burden to prove that the words spoken or written were defamatory. To do that, the plaintiff must prove the four elements of defamation as defined by Illinois law. The injured party must prove that the defendant (person being sued) made a false statement about them and that the information was released to at least one person other than the defamed party. Furthermore, the injured party must prove that what the defendant said amounted to negligence at the very least. Finally the defamed person has to prove that the publication, or revealing of the information, was damaging to their character or career.

Features

The state of Illinois has a defamation per se clause that recognizes certain statements or publications as always defamatory without a burden of proof by the injured party. The court automatically assumes these statements and publications have caused harm to the defamed person's reputation. In Illinois, accusing a person of a crime or indicating someone is infected with a communicable disease is considered defamation per se. Job incompetence or job corruption and claims of adultery are also considered defamation per se. To prove malice or negligence, an element of defamation of character, the courts have applied a "reasonable grounds" standard. This standard mandates that the defendant knew the information was false or that the defendant believed the information to be true but had no "reasonable grounds for that belief."

Defense

Illinois allows several privileges and defenses to defamation of character. The fair report privilege provides a defense for government reports and proceedings available through public records, which includes police reports, court documents, property records, marriage and divorce records and even birth and death records. If the information is reported fairly and accurately as it appears in the public record, the defendant has not committed defamation of character. A neutral report privilege covers reporters that may publish accusations made by a "public figure about another," but the Illinois Supreme Court has not recognized or rejected it. The wire service defense covers the republication of a news item from a "reputable news" source and has only been ruled on in an Illinois federal court.

Truth

In the state of Illinois, the truth is also a defense against defamation. It is up to the defamed person to furnish evidence that the alleged statement is untrue in order to prove defamation. However the statement does not have to be entirely accurate to be "true." The "substantial truth" defense requires that "minor factual inaccuracies" be ignored as long as it doesn't change the substance of the alleged defamatory statement.

Statute of Limitations

The statute of limitations in Illinois for defamation of character is one year, giving the plaintiff one year from the date of publication of the alleged defamatory statements to file a lawsuit. Furthermore, statute 740 ILCS 165/ allows that a defamed person may have no more than one lawsuit for "libel or slander or invasion of privacy or any other tort" based on one single publication. Extensions are granted if the plaintiff can prove a legitimate cause for the delay such as medical emergencies, active combat or even being too young to sue, but the extension is at the discretion of the court.

References

• Citizen Media Law Project: Neutral Report Privilege:
• Illinois Complied Statues: Uniform Single Publication Act

Resources

• New York Times Co. v Sullivan;