Use caution before suing someone for defamation
The recent sparring between two high-profile television stars who host reality-based television shows and two U.S. speed skaters in the Winter Olympics made headlines. When does such bickering cross the line and become libelous?
Those who have conflicts with neighbors or people in the community and have become subjects of vicious lies, may wonder what legal recourse is available to them.
The legal term for this type of conduct is "defamation of character." A person who believes he or she has suffered mental anguish because of a false statement made by another may entertain the idea of bringing a lawsuit.
Most jurisdictions recognize "per se" defamation which typically include the following:
- Attacks on a person's professional character or standing;
- Allegations that an unmarried person is unchaste;
- Allegations that a person is infected with a sexually transmitted disease;
- Allegations that the person has committed a serious moral crime.
Usually, the plaintiff bears the burden of proof and as such, must establish by a "preponderance of evidence" that the defendant's statements were false at the time they were made. Public figures who sue for defamation have to prove an additional element: that the statement made was done with "actual malice." The term "public figure" is actually broader than a politician or celebrity. Someone can become an involuntary public figure as a result of unwanted publicity, such as people accused of high-profile crimes.
A defamation lawsuit is not always a good idea, however. The publicity that results can lead to a greater number of people knowing about the accusations. Defamation cases tend to be difficult to win in a court of law. It can be difficult for a plaintiff to prove all the elements of a defamation. And it can be costly.
Many attorneys are reluctant to accept a defamation case on a contingency fee basis, meaning that they will usually charge by the hour. The fees alone can exceed the cost of the amount the court awards to the victim in the case. Furthermore, if the litigation is unsuccessful, the publicity alone may leave the public believing that the accusations were true.
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.
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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.