Chicago Business Litigation Lawyer Blog
In Illinois, there are several defenses that can be utilized in response to a libel suit. One such defense is the doctrine of “innocent construction”, where a potentially defamatory statement is innocently construed, and therefore not actionable. Expressions of opinion are another type of defense, as they are not considered statements of fact and are therefore protected from defamation claims.
Another key defense to defamation in Illinois is the defense of truth. Under Illinois law, if the defendant can show the “substantial truth” of the alleged defamatory statement, this is considered a complete defense to defamation. The defendant need only show the truth of the “gist” or “sting” of the defamatory material.
Additionally, the establishment of a qualified privilege can also serve as a defense. If a qualified privilege is established, the communication becomes actionable only if the privilege was abused. The plaintiff must present evidence of a reckless act which shows disregard for the defamed party’s rights, such as failure to properly investigate the truth of the matter, limit the scope of the material, or send the material to only proper parties .
In some cases, the defendant can maintain a suit for defamation without proof of special damages only if the defamatory statement falls into one of four “per se” categories: commission of a crime; infection with a communicable disease leading to the infected person being shunned; malfeasance or misfeasance in the performance of office or job; and unfitness for their profession or trade.
Lastly, under Illinois statutory and constitutional provisions, when truth is published with good motives and for justifiable ends, it can be used as a defense to prosecution for criminal libel. However, both elements are necessary for the defense to prevail. Continue reading ›