Defenses available to accusations of defamation
If you are ever the defendant in a lawsuit involving defamation of character, there are a number of defenses which you and your attorney can use.
The obvious and most important defense is - the truth. It is considered an "absolute defense" to a defamation action, and it can be difficult to prove.
Another defense is called "privilege" and refers to the statements made by witnesses in court, arguments made by lawyers or by judges on the bench, comments made by city council members at city council meetings, remarks made on the floors of the House or Senate, and even public records. The statements are considered "privileged" because they will not support a cause of action for defamation no matter how false or outrageous.
Most jurisdictions also recognize "opinion" as a defense. If a person's comments were an opinion as opposed to fact, the comment cannot be viewed as fact and therefore does not support a cause for defamation. For example, if an employer calls an employee a liar, it is less likely to be regarded as "opinion" and more as "fact" than if it were made by someone the employee barely knows.
Other defenses are "fair comment," "innocent construction" and "consent." A defendant may also want to make the point that the plaintiff already had a poor reputation in the community. Illinois is the only state that recognizes "innocent construction" as a defense where words can be construed in two ways.
There is also a statute of limitations with regards to a defense. In Illinois, as in most states, there is a one-year period within which a libel or slander suit must be brought.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.
© Illinois State Bar Association
If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.