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?

Related Topics:
1 Lawyer Answer
S. Janaan Hashim
S. Janaan Hashim
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.