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Although each defamation case presents
unique circumstances requiring consultation with a lawyer or attorney, the following provides general responses to frequently asked questions about defamation. This information is NOT provided and should not be considered legal advice. Rather, it serves as a starting point to inform you about defamation law.
Although our firm has attorneys licensed in Illinois, Indiana, Connecticut and Utah, our attorneys have also been involved in litigation involving defamation throughout the United States. Contact us to determine whether we might be able to provide you with representation.
For each question below, we would be pleased to provide more in depth responses based on your individual circumstances. Our firm will discuss your matter at no charge.
What is defamation?
Any specific answer to this question depends on the law of the specific jurisdiction or state at issue. However, defamation can be summarized as a false statement made about an individual without any privilege protecting the speaker that is communicated to a third party and causes damage to the individual about whom the statement is made.
A defamatory statement can be made orally (typically referred to as slander) or in writing (typically referred to as libel). Some jurisdictions or states distinguish between libel and slander, others do not and simply refer to them both as defamation.
I just found a false statement about me online. What should I do?
Contact an attorney before doing anything further. There are specific steps that must be taken promptly to protect your interests.
How long can I wait before I file a defamation suit?
Each specific jurisdiction and state at issue sets its own time period in which a defamation suit must be filed. This time period is referred to as the "statute of limitations." In Illinois, the statute of limitations for defamation is one year. In Indiana, the statute of limitations for defamation is two years. For Utah, the statute of limitations for slander is one year. It is important to speak to an attorney or lawyer as soon as you learn of statements that may be defamatory.
What if I discovered the defamatory statement after the statute of limitations has expired?
You should speak to an attorney. Depending on the law of the applicable state or jurisdiction, a "discovery rule" may apply. The "discovery rule" would provide that the statute of limitations begins to run when the plaintiff discovers the defamation. However, there also exists law which states that the "discovery rule" does not apply to statements made on the Internet.
Does it matter that the statements appear on or were made through the Internet?
Yes. The law applicable to defamation statements made on or through the Internet may differ from statements not made on the Internet.
This depends on the particular state law involved.
The defamatory statements were made anonymously or by a pseudonym. Can I still file suit?
Depending on other factors such as the applicable statute of limitations, yes. There exist more than one approach to pursuing defamatory statements made anonymously. Again, you should contact a lawyer promptly.
Someone filed suit against me for defamation. What do I do?
You should contact an attorney promptly. There exist deadlines by which a response to a complaint must be filed to avoid default. If you made the communications at issue and did so anonymously or pseudononymously, you will want a lawyer to help you by acting without disclosing your identity.
Can I avoid being sued by saying "In my opinion" or claiming a statement is my opinion?
No. You cannot protect yourself by merely stating "In my opinion" or describing a statement as an opinion. If the statement is clearly an opinion and not based on facts (or implied as deriving from facts), it may be protected.
Many times, this will be a determination made by the judge. It is essential to obtain sound advice from a knowledgeable attorney or lawyer on whether a particular statement will likely be legally considered an opinion.
What is libel?
Some jurisdictions or states refer to written defamatory statements as libel.
In some cases, a state may treat libel (written defamation) distinctly from slander (oral defamation).
What is slander?
Some jurisdictions or states refer to oral defamatory statements as slander.
In some cases, a state may treat slander (oral defamation) distinctly from libel (written defamation).
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