Illinois

Note: This page covers information specific to Illinois. For general information concerning false light see the general False Light section of this guide.

Illinois recognizes the tort of "false light." A person can sue for false light when a false and offensive statement is made about them to the public and causes them distress. The specific things a plaintiff must prove are listed below under "Elements of a False Light Claim."

False light in Illinois overlaps significantly with defamation. In Illinois, defamation and false light both protect against the same wrongs -- offensive false statements. The key difference between defamation and false light is that they protect against different harms flowing from such statements. Defamation protects a person's public reputation, while false light protects a person's internal mental tranquility. See, e.g., Martin-Trigona v. Kupcinet, 1988 WL 93945 (N.D. Ill. Sept. 2, 1988).

False light in Illinois is broader than defamation. While everything that is defamation is also false light, false light reaches some things that defamation does not. See Lovgren v. Citizens First Nat'l Bank, 534 N.E.2d 987 (Ill. 1989). For instance, in Douglass v. Hustler Magazine, Inc., 769 F.2d 1128 (7th Cir. 1985), a woman who had posed nude in Playboy sued Hustler because it published nude photos of her without her consent. The court stated that she had a right to sue for false light because Hustler insinuated that she was willing to appear nude in a "degrading setting."   read more »

Note: This page covers information specific to Illinois. For general information concerning defamation, see the Defamation Law section of this guide.

Elements of Defamation

Under Illinois law, the elements of a defamation claim are:

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.

The elements of a defamation claim in Illinois are for the most part similar to the elements listed in the general Defamation Law section, with the following exceptions:

Defamation Per Se

Illinois recognizes that certain statements constitute defamation per se. These statements are so egregious that they will always be considered defamatory and are assumed to harm the plaintiff's reputation, without further need to prove that harm. In Illinois, a statement that does any of the following things amounts to defamation per se:

• accuses the plaintiff of committing a crime;
• indicates that the plaintiff is infected with a loathsome communicable disease;
• indicates that the plaintiff is unable to perform or lacks integrity in performing his or her employment duties;
• attributes to the plaintiff a lack of ability or otherwise harms the plaintiff in his or her profession; or
• accuses the plaintiff of engaging in adultery or fornication.

Solaia Tech., LLC v. Specialty Pub'g Co., 852 N.E.2d 825, 839 (Ill. 2006).

Actual Malice and Negligence   read more »

Note: This page covers information specific to Illinois. For general information concerning Strategic Lawsuits Against Public Participation (SLAPPs), see the overview section of this guide.

You can use Illinois's anti-SLAPP statute, known as the Citizen Participation Act (CPA), to counter a SLAPP suit filed against you. The statute allows you to file a special motion to strike or dismiss a complaint filed against you based on "[a]cts in furtherance of the constitutional rights to petition, speech, association, and participation in government." If a court rules in your favor, it will dismiss the plaintiff's case early in the litigation and award you attorneys' fees and court costs.   read more »