Defamation claims arise in Illinois through spoken words (slander) and written words (libel). False statements that harm the reputation of a person or business can be a basis for a defamation lawsuit. To win that action, the plaintiff must prove (1) the false statement; (2) publication of that statement; and (3) resulting damages.
False statements can be found all over the internet, and especially during election years. When making social media posts, it is wise to use reasonable efforts to verify the accuracy of the information for the post. The most common viable defenses include that the post was truthful, substantially true, clearly opinions, litigation privilege, and certain newsgathering/fair reporting by journalists. However, if malice is involved, many of the defenses do not apply.
The jury is out as of the writing of this article on a case pending in Cook County. The allegations are generally that a man was running for a judicial position when a Facebook post indicated that he was taking his opponent’s signs from public displays during the election. He claims the post was false and it cost him the election. DiFranco v Martz, 2020L011657. That case is one of many pending throughout Illinois.
The First Amendment provides us with the freedom of speech, but that protection extends primarily to truthful statements. Do not rely on information that has been provided to you by someone else, and if you post your opinion on an issue, make sure you are not posting it as a statement of fact. Once posted, the mere removal may not be sufficient to avoid a defamation suit. Always use caution when posting on social media.
740 ILCS 145 Slander and Libel Act
740 ILCS 165 Uniform Single Publication Act
Communications Decency Act of 1995
https://news.law.northwestern.edu/how-social-media-is-changing-defamation-law/
