Illinois has only addressed the wire service defense in one case, Kapetanovic v. Stephen J. Productions, Inc., 30 Media L. Rep. 1786 (N.D.Ill. 2002), but that case is not binding legal authority because it involved a federal court. It is worth noting, however, that the Illinois federal court recognized and applied the defense in that case and Illinois state courts may decide to follow suit.

Statute of Limitations for Defamation

The statute of limitations for defamation in Illinois is one (1) year. See 735 ILCS 5/13-201

Illinois has adopted the single publication rule by statute. See 740 ILCS 165/1. For a definition of the "single publication rule," see the Statute of Limitations for Defamation section.

The CMLP could not locate any cases in Illinois that apply the single publication rule in the context of a statement published on the Internet. If you are aware of any Illinois cases that acknowledge the single publication rule in the Internet context, please notify us.

Indiana Defamation Law

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

Elements of Defamation

Under Indiana law, the elements of defamation claim are:

a communication with defamatory imputation;
malice;
publication; and
damages.
Bochenek v. Walgreen Co., 18 F.Supp.2d 965 (N.D.Ind. 1998). A plaintiff must also prove that the defendant's fault in publishing the statement amounted to at least negligence. These elements of a defamation claim in Indiana are for the most part similar to the elements listed in the general Defamation section, with the following exceptions.

Defamation Per Se

In Indiana, a communication constitutes defamation per se if it imputes:

criminal conduct;
a loathsome disease;
misconduct in a person's profession or occupation; or
sexual misconduct.

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