Defamation Generally

Defamatory statements and publications can have significant adverse effects on the person who is the subject of the false statements. Slander often refers to spoken words, while libel refers to words that have been “written” or otherwise “published.” We will refer to all these types of actions generally as defamation. Defamation can damage an employee’s reputation, cause an employee to be fired, result in unfounded police action, cause economic damages, and cause significant emotional harm.

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The General Elements of a Defamation Claim Are:

  • The defendant made a false and unprivileged statement regarding the plaintiff;
  • The statement was published to a third party, and it was not done so in a privileged context or setting (third parties include coworkers and others within a workplace);
  • The defendant was at least negligent in making the false statement, and
  • The publication caused the plaintiff to suffer damage.

Illinois recognizes Defamation Per Se and Defamation Per Quod. The importance of understanding the distinction is crucial because each type of defamation requires different elements of proof.

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Defamation Per Se

A statement is considered defamatory per se when the defamatory character is clear from the face of the statement. If a statement is Defamatory Per Se, the plaintiff does not need to plead or prove actual damage to his or her reputation to recover. Proof of damages is not required because the words used are considered to be so obviously and materially harmful to the plaintiff that injury to his or her reputation is presumed. Illinois recognizes false statements of the following nature to be Defamatory Per Se:

  • Words that imply that a person committed a crime;
  • Words that imply that a person is infected with a loathsome communicable disease;
  • Words that imply an inability to perform or want of integrity in the discharge of the duties of one’s office or employment;
  • Words that prejudice a party or imply a lack of ability in one’s trade, profession, or business; and
  • Words that imply that a person has engaged in adultery or fornication.

Defamation Per Quod

A statement that does not qualify as Defamation Per Se is classified as Defamation Per Quod. In Defamation Per Quod cases, the plaintiff must plead and prove actual monetary damages. With specificity. Defamation per Quod occurs when a statement becomes defamatory when considered in light of extrinsic facts.

Statements are Defamatory Per Quod under two circumstances: (1) where the defamatory character of the statement is not apparent on its face and resorting to extrinsic circumstances is necessary to demonstrate its injurious meaning; and (2) where the statement is defamatory on its face but does not fall within one of the limited categories of statements that are actionable per se.

Defamation claims in Illinois must be brought within one year. If you believe someone made false statements or publications about you and harmed you, we are here to help.

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