Chicago, IL asked in Libel & Slander for Illinois

Q: can you get sued for defamation of character if you post something and you don't use the persons name at all?

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1 Lawyer Answer
S. Janaan Hashim
S. Janaan Hashim
Answered
  • Chicago, IL
  • Licensed in Illinois

A: The elements of successfully proving a defamation of character tort in Illinois are the following: (1) the defendant made a false statement about the plaintiff; (2) there was an unprivileged publication to a third party; (3) fault by the defendant amounting to at least negligence; and (4) the publication damaged the plaintiff. Where the defendant does not state the plaintiff's name, Illinois case law states that the plaintiff must allege and prove that third-parties would reasonably have understood that the libel referred to the plaintiff. Good luck.

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