What makes defamation

Wal-Mart Stores, Inc. Sullivan , U. On this point, the precise language the Sullivan court uses is that the plaintiff must show "the convincing clarity which the constitutional standard demands.

An absolute privilege is also a complete defense to a defamation claim. Among other examples, this includes statements made by witnesses during a judicial proceedings.

In the defamation context, a qualified privilege permits someone to make a statement that would typically be considered defamatory, but because of particular circumstances, a particular statement made would not be considered to be defamatory.

Slander of women 4. Words spoken and published which impute unchastity or adultery to any woman or girl shall not require special damage to render them actionable. Slander affecting official, professional or business reputation 5. In an action for slander in respect of words calculated to disparage the plaintiff in any office, profession, calling, trade or business held or carried on by him at the time of the publication, it shall not be necessary to allege or prove special damage whether or not the words are spoken of the plaintiff in the way of his office, profession, calling, trade or business.

Slander of title, etc. Unintentional defamation 7. Justification 8. Fair comment 9. In an action for libel or slander in respect of words consisting partly of allegations of fact and partly of expression of opinion, a defence of fair comment shall not fail by reason only that the truth of every allegation of fact is not proved if the expression of opinion is fair comment having regard to such of the facts alleged or referred to in the words complained of as are proved.

Apology in mitigation of damages Reports of judicial proceedings Qualified privilege of newspapers Application of Act to broadcasting Limitation of privilege at elections A defamatory statement published by or on behalf of a candidate in any election to the office of President or to Parliament or other elected or partially elected body shall not be deemed to be published on a privileged occasion on the ground that it is material to a question in issue in the election, whether or not the person by whom it is published is qualified to vote at the election.

Agreements for indemnity An agreement for indemnifying any person against civil liability for libel in respect of the publication of any matter shall not be unlawful unless at the time of the publication that person knows that the matter is defamatory and does not reasonably believe there is a good defence to any action brought upon it. If the statement is true, no matter how unflattering it may be, your claim will be barred because truth is an absolute defense to a defamation action.

In addition, you will usually need to prove that the statement was made by a person who either knew it was false at the time, or showed "reckless disregard" for whether it was true or false. Finally, the statement also must be published. The most common examples of publication would be posting online, inclusion in a newspaper or magazine, or repetition on a news broadcast, but if the speaker repeats the statement to any third party, it may still constitute defamation.

In the average case, if you can prove these three things false statement, made knowingly or recklessly, and published to others , a court will presume that you have suffered damages without any showing of harm, and you could receive compensation for provable losses.

But, to recover so-called "punitive damages," damages intended to make an example of the person or entity that made the statement, you would need to show that the statement was made maliciously, which is a more difficult showing to make. Learn how to calculate damages in a defamation case. Likewise, if you are a public figure or official such as a celebrity or politician or a member of local government , you also must prove that actual malice existed in the making of the statement.

This is because courts will presume that, being in the public eye, it is more likely that various statements will be made about you, and that many of them will be opinions. Because people who place themselves in the public domain are more likely to be exposed to questionable statements, it is harder for them to succeed with a defamation claim.

Learn more about the legal elements of a libel or slander claim. 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. We are committed to fighting for our clients' rights in the courtroom and at the negotiating table.

With offices conveniently located in Chicago and Elmhurst, Illinois, we have successfully litigated and settled defamation, trade libel, internet defamation, and cyber smearcases for clients all over the Chicago area. To schedule a consultation with one of our skilled attorneys, you can contact us online or give us a call on our toll-free number at or locally at