At common law, libel and slander were analyzed under different sets of standards, with libel recognized as the more serious wrong. Illinois law evolved, however, and rejected this bifurcated approach in favor of a single set of rules for slander and libel.
Libel and slander are now treated alike and the same rules apply to a defamatory statement regardless of whether the statement is written or oral. The tort of defamation sometimes referred to as defamation of character can be divided into claims involving two distinct types of statements: defamatory per se statements and defamatory per quod statements. Illinois law recognizes five types of statements that are considered defamatory per se:.
Importantly, a statement can only be considered defamatory per se if the harmful effect is apparent on the face of the statement itself. If extrinsic facts or additional information about the person being defamed is required to understand the harmful effect of the statement, then it cannot be defamatory per se.
That is not to say the statement is not defamatory if extrinsic facts are required; it just cannot be defamatory per se. If a defamatory statement does not fall into one of the defamatory per se categories or requires extrinsic facts, then it is considered defamatory per quod. In other words, a plaintiff alleging defamation per quod must be able to show specifically how the defamation caused a specific, quantifiable loss of money such as the commission from a lost sale or the salary from a lost job.
Defamation law continues to change and evolve. Defamation attorneys must have extensive knowledge of First Amendment and other aspects of defamation law to effectively prosecute claims for businesses, professionals and individuals who have been defamed. We are knowledgeable regarding the changes and complexities of this evolving area of the law. The person making the statement had to have acted inappropriately in some way.
The standard of conduct required to hold a person liable for defamation depends on who was defamed. To act in reckless disregard of the truth or falsity of a statement means that the person making the statement had serious doubts as to the truth of the statement, but they went ahead and made it anyway.
You can see that, ultimately, the difference between defamation of a public figure versus defamation of a private person is that a private person who claims defamation only needs to prove that the defamer acted negligently, while a public figure who claims defamation has to prove that the defamer acted intentionally or recklessly. A good example of the difference between defaming a public figure versus a private individual is writing about that person in a blog post.
If you claim that some private person was convicted of assault and battery twenty years ago, that person is probably going to win a libel case against you. As long as you have some sort of defense -- like you saw that information on a semi-reputable web site, for example -- you have a reasonable chance of defending yourself against a libel claim from a public figure.
This includes lost earnings and lost earning capacity suffered as a result of the statement, as well as pain and suffering, impairment to reputation and standing in the community, personal humiliation, shame, and disgrace. Learn more about Damages in Personal Injury Cases. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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What is a Defamatory Statement? These types of statements are often called defamatory "per se" Statements that are defamatory "per se" include statements that claim that the plaintiff: has committed a serious, notorious, or immoral crime has an infectious or terrible disease, or is incompetent in his job, trade, or profession.
Defamation is a False Statement of Fact, Not Opinion The most important aspect of a potentially defamatory statement is that it purports to be a statement of fact. Private Figures vs. Public Figures — Negligence vs. Before the person is found guilty, always use words like "alleged" or "accused.
When a person becomes involved in a news event, voluntarily or involuntarily, he forfeits some rights to privacy. Similarly, a person somehow involved in a matter of legitimate public interest, can be written about with safety. However, a story or a picture that dredges up the sordid details of a person's past and has no current newsworthiness can be considered libel The Associated Press Stylebook and Libel Manual Public figures are generally thought of as people who seek the limelight, who inject themselves into public debate.
The court says that involvement in a crime, even a newsworthy one, does not make one a public figure. This is important because if you are proven to be a public figure and someone defames your job performance or ethics or whatever, you have to prove libel and you have to prove malicious intent. If you are a private person, you only have to prove libel, but not malicious intent.
Consequently, it's easier for private citizens to win a libel case than it is for a public figure to win a libel case. Gallaudet University is a federally chartered private and premier university for the deaf and hard of hearing since Request Info. Gallaudet University. Who We Are.
What We Do. No Communication Compromises. Areas of Study. Programs Accounting. Art And Media. Business Administration. Communication Studies. Family and Child Studies. Hearing, Speech, and Language. Infants, Toddlers, and Families. Information Technology. International Development. International Studies. Public Administration.
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