Legal Question in Business Law in Illinois

Re: Is this Defamation?

Assuming that the authors of the other web site made an honest effort to find you and simply failed, I would say that their statements are probably not defamation -- yet. They are simply stating facts that, as far as they go, are correct (even if a person of normal intelligence would have realized the potential that your maiden name should be checked).

If you point out the error and they continue to post facts that, while perhaps literally true, carry a clear implication that you are lying about your degree, then I would say that you have a reasonable claim that continuing to publish the statements constitutes defamation.

Whether the imputation is sufficient to constitute "defamation per se" or not requires much more facts. Defamation is a complicated area with defenses, damage issues and a host of other details.

If the web site removes its statement and publishes a retraction and/or correction, I think that pursuing other remedies would be a stretch. If they refuse, you need to talk to a lawyer who is familiar with the law of defamation.

David K. Staub, an Illinois business lawyer