Illinois Defamation Laws and Lawsuits

If you're thinking about filing a defamation lawsuit in the Illinois civil court system, it's crucial to understand the state laws that could affect your case, including the different kinds of defamation that are recognized in Illinois, and the statute of limitations lawsuit-filing deadline for these kinds of cases.

How Does Illinois Law Define Defamation?

Unlike most states, Illinois doesn't really differentiate between libel (typically written) and slander (typically spoken) when it comes to defamation. Illinois state courts mostly adhere to the traditional definition of defamation and its elements. Learn more about the elements of a defamation claim and the difference between libel versus slander.

What Is "Defamation Per Se" In Illinois?

When a statement meets certain criteria in terms of subject matter and impact on the subject, it's considered "defamatory per se", meaning harm to the plaintiff ("damages" in the language of the law) is usually presumed.

False statements that often qualify as defamatory "per se" in Illinois usually include those:

• claiming the plaintiff is guilty of a crime
• declaring that the plaintiff is incompetent or dishonest when it comes to their job or profession
• alleging that the plaintiff has some sort of "loathsome communicable disease," or
• stating that the plaintiff has engaged in adultery.

Get the details on damages in defamation cases.

The Deadline for Filing a Defamation Lawsuit in Illinois

You have one year to file a defamation lawsuit in Illinois, according to 735 ILCS 5/13-201, which sets this deadline for the filing of any civil action seeking a remedy "for slander, libel or for publication of matter violating the right of privacy."

When Does the "Clock" Start Ticking Under the Statute of Limitations?

For purposes of the Illinois defamation statute of limitations, the "clock" begins to run on the date on which the defamatory statement is first made. If the statement is later repeated, copied, or republished verbatim and in the same manner, the one-year clock probably won't reset, and the plaintiff likely won't be entitled to bring another lawsuit.

What usually matters is the date on which the defamatory statement was first made or first published, for purposes of the running of the statute of limitations. This rule has been codified as the Uniform Single Publication Act in Illinois, starting at 740 ILCS 165/1.

Can the Illinois Defamation Statute of Limitations Be Extended?

Illinois law identifies a number of scenarios that could serve to delay the start of the statute of limitations "clock" for potential defamation lawsuits (or pause the clock after it has already started), effectively extending the one-year filing deadline set by 735 ILCS 5/13-201.

Defendant's Absence From the State

If the defendant (the person who made the statement) was out of the state for any period of time beginning on the date the statement was made, the time of the defendant's absence won't be counted as part of the one-year filing period. (735 ILCS 5/13-208)

Minor Plaintiffs and Plaintiffs Under a Legal Disability

If, at the time the allegedly defamatory statement was made, the subject of the statement was under 18 years of age or under a legal disability (had been declared legally incompetent, for example), they'll have two years to file the lawsuit after they reach 18 or have the legal disability removed. (735 ILCS 5/13-211)

What If You Miss the Illinois Statute of Limitations Deadline?

If more than a year has passed since the defamatory statement was made, but you try to file a defamation lawsuit in an Illinois court anyway, the court will almost certainly dismiss your case. If that happens, you'll have lost your right to ask any court for a legal remedy for the defamation.

It's important to note that the one-year Illinois statute of limitations isn't just a factor if you've decided to take your defamation case to court. It's also crucial to your position if you're negotiating an out-of-court settlement with the person who made the statement. If the statute of limitations deadline has passed, and the other side knows that your filing a lawsuit is now a procedural impossibility, you'll have lost all your leverage.

If you have questions about how Illinois's statute of limitations applies to your potential defamation lawsuit—especially if the one-year deadline is approaching—it may be time to discuss your situation with an experienced Illinois attorney. Get tips on finding the right injury lawyer for you and your case, and learn more about Illinois personal injury laws (including where to file your lawsuit.)