A Guide to Indiana Defamation Law

Indiana defamation law defines defamation of character as the publication of false statements that harm a person’s reputation by lowering them in the community’s estimation or deterring others from associating with them. The core of a valid Indiana defamation claim centers on whether the published statement caused damage to another’s reputation.

The Hoosier State has developed a robust body of defamation law through numerous court decisions, making it important to understand the nuances of Indiana’s approach to protecting reputation while balancing free speech rights. Indiana’s defamation laws provide important precedent that influences defamation cases across the Midwest.

At Minc Law, we have represented victims of defamation in multiple states, including Indiana. Our experience representing over thousands of clients has made us intimately familiar with Indiana’s defamation statutes, defenses, and case law.

In this guide to Indiana defamation law, we will review Indiana’s definition of libel, slander, and defamation. We will also discuss how to prove the elements of defamation in Indiana, with examples from actual cases. Then, we will cover common defenses to Indiana defamation claims.

Differences Between Defamation, Libel, & Slander Under Indiana Law

Defamation, also referred to as ‘defamation of character’, is the umbrella term for the publication of a false statement that damages another person or entity’s reputation. Defamation encompasses two different types: libel and slander. Defamation that is written or published in a tangible medium is considered libel, while defamation expressed orally is slander.

To remember the difference between libel and slander, keep in mind that both spoken and slander start with the letter ‘S’.

What is Defined as Defamation Under Indiana Law & What Are Some Examples?

In Indiana, defamation is defined as a communication with defamatory imputation, made with malice, published to a third party, which causes damages to the plaintiff. According to Journal-Gazette Co. v. Bandido’s, Inc., 712 N.E.2d 446, 451 (Ind. 1999), a statement is defamatory if it “tends to harm a person’s reputation by lowering the person in the community’s estimation or deterring third persons from dealing or associating with the person.”

An Indiana case that illustrates this standard of defamation in action is Henrichs v. Pivarnik, 588 N.E.2d 537 (Ind. Ct. App. 1992), where the court found that false statements imputing professional misconduct constituted defamation.

What is Defined as Defamation Per Se Under Indiana Law & What Are Some Examples?

Defamation per se (commonly referred to as libel per se or slander per se) occurs when a statement is so inherently damaging to one’s reputation that the plaintiff need not prove that they suffered actual damages as a result of the statement.

In Indiana, four types of statements are considered defamatory per se:

1. Statements imputing criminal conduct
2. Statements imputing a loathsome disease
3. Statements imputing misconduct in a person’s profession, trade, office, or occupation
4. Statements imputing sexual misconduct

For example, falsely accusing someone of committing robbery, having HIV, falsifying accounting records, or engaging in sexual harassment would all likely constitute defamation per se in Indiana.

What is Defined as Defamation Per Quod in Indiana Law and What Are Some Examples?

Unlike defamation per se, defamation per quod requires plaintiffs to prove special damages as a result of the alleged defamatory statement. These are statements that are not inherently defamatory on their face but become defamatory when considered with additional facts or context.

In defamation per quod cases, the plaintiff must demonstrate specific financial or tangible losses resulting from the defamation. For instance, if a statement leads to the loss of specific business opportunities or clients, these would constitute special damages that could support a defamation per quod claim.

Is Defamation Illegal in Indiana? Indiana Criminal Defamation Law

Indiana does not have criminal defamation laws on its books. While defamation defendants in Indiana do not face potential imprisonment, they could be subject to civil lawsuits and significant damages (including punitive damages), depending on the nature and harm caused by their false statements.

Elements of an Indiana Defamation Case

The elements of a legal claim are the building blocks of a well-pleaded defamation case. It is essential to plead each element thoroughly to prevent the unwanted dismissal (or delay) of your claim. Below, we examine the elements of defamation in more detail.

What Are the Elements of a Defamation Claim in Indiana?

To effectively plead a defamation claim in Indiana, a plaintiff must prove the following four elements:

1. A communication with defamatory imputation;
2. Malice (if the plaintiff is a public figure) or negligence (for private individuals);
3. Publication to a third party; and
4. Damages (presumed in cases of defamation per se, or proven special damages in cases of defamation per quod).

A Communication with Defamatory Imputation

The plaintiff must show that the statement communicated or published about them was false and had a defamatory meaning. A defamatory statement cannot be an opinion, an overgeneralization, or substantially true. Falsity is at the heart of proving defamation.

Malice or Negligence

The standard of fault required depends on the plaintiff’s status. Public figures must prove that the defendant acted with “actual malice” – knowledge that the statement was false or with reckless disregard for its truth. Private individuals generally need only prove negligence – that the defendant failed to exercise reasonable care in determining whether the statement was true or false.

Publication to a Third Party

The statement must have been communicated or published to at least one third party, other than the plaintiff or defendant. The statement also cannot be protected by privilege, such as a communication made during judicial or legislative proceedings.

Damages

In cases of defamation per se, damages are presumed without requiring specific proof of harm. In cases of defamation per quod, the plaintiff must prove special damages – specific financial or tangible losses resulting from the defamation.

How Can You Make Sure That Your Defamation Case Has All of the Elements Necessary to Get It Through Indiana Courts?

Before filing a defamation complaint with the appropriate court, write down each of the four elements of an Indiana defamation claim. Then, write down how you will prove each element.

For instance, if a defamer falsely claims you lack the necessary qualifications for your profession, you might provide proof of your credentials to establish the falsity of the defendant’s statement.

What Else Should You Be Aware of When It Comes to the Elements of a Defamation Claim in Indiana?

It’s important to note that Indiana has specific notice requirements before filing suit against certain media defendants. Before filing a defamation lawsuit against a radio, television, or newspaper publication in Indiana, the plaintiff must provide notice to the publisher:

• For radio and television broadcasters: At least three days before filing a complaint
• For news services: At least four days before filing
• For daily newspapers: At least six days before filing
• For weekly newspapers: At least eleven days before filing

The notice must specify the alleged false and defamatory statements.

Defenses to Defamation in Indiana

Before filing a defamation lawsuit in Indiana, it is important to understand the potential defenses to defamation claims a defendant might have. Familiarizing yourself with potential defenses before filing your lawsuit can strengthen your claim and increase your chances of success in the long run.

What Are the Most Common Defenses to a Defamation Claim in Indiana?

The most common defenses to defamation lawsuits in Indiana are:

1. Truth
2. Opinion
3. Privilege
4. Anti-SLAPP protection
5. Statute of limitations
6. Section 230 of the Communications Decency Act

Truth as a Defense to Defamation

Because falsity is one of the key elements of defamation, truth is an absolute defense. If a defendant can establish that their statement was at least substantially true, they may prevail.

The Opinion Defense

If a statement cannot be proven as either true or false, it may be an opinion – which is a common defense to defamation lawsuits. Keep in mind that statements containing both fact and opinion may be actionable for defamation where the facts at hand are false.

Privilege

Some statements are considered privileged, which means the defendant can claim privilege as a defense. Indiana recognizes several types of privilege:

• Absolute privilege
• Qualified privilege
• Fair report privilege

Anti-SLAPP Protection

Indiana’s Anti-SLAPP (Strategic Lawsuits Against Public Participation) statute protects speech made in connection with a public issue or public interest. Under this law, defendants must produce proof that their speech was lawful according to Ind. Code §§ 34-7-7-1 to 34-7-7-10.

Statute of Limitations

As with any type of lawsuit, a plaintiff must file their defamation lawsuit within Indiana’s defamation statute of limitations, otherwise, the case can be dismissed.

Section 230 of the Communications Decency Act

This federal law provides immunity to online platforms for content posted by third parties. It can be a powerful defense for website operators and social media platforms facing defamation claims based on user-generated content.

What is the Difference Between Absolute Privilege & Qualified Privilege in Indiana?

By definition, absolute privilege refers to an unqualified right to do or say something, even if it would otherwise be considered defamatory. In Indiana, absolute privilege is only applicable to statements made in:

• Legislative proceedings
• Judicial proceedings
• By high government officials in the course of their duties

Qualified privilege (commonly referred to as conditional privilege), on the other hand, applies when the speaker has a moral, legal, or ethical duty to communicate the statement and the audience has a reciprocal interest in hearing the said statement. For instance, communications between employers regarding an employee’s job performance may be protected by qualified privilege.

The important distinction is that qualified privilege can apply in a range of situations beyond the realm of legislative, judicial, and public proceedings. Furthermore, unlike absolute privilege, qualified privilege does not typically immunize persons who communicate or publish a statement with actual malice or reckless disregard.

Difference Between Public & Private Figures in Indiana

When filing a defamation lawsuit, public figures must plead a higher standard of intent on behalf of the defendant. In other words, a public figure must show that a defamatory statement was communicated or published with actual malice, not mere negligence.

But who, exactly, is considered a public figure?

Public figures are anyone who has thrust themselves into the spotlight in any capacity. Think celebrities, media personalities, politicians, and even certain business owners.

Courts have held that public figures invite a higher degree of public scrutiny than private persons – warranting a higher standard for defamation. In Indiana, courts consider whether a plaintiff is:

• A private person
• A public official
• An all-purpose public figure
• A limited-purpose public figure

Public officials are those plaintiffs who have, or currently appear to the public in the arena of government affairs. All-purpose public figures are individuals in positions of pervasive power and influence who invite attention and comment on all of their matters, public and private.

Limited-purpose public figures are plaintiffs who thrust themselves to the forefront of particular controversies in order to influence the issues involved. Finally, private persons are ordinary individuals who do not fit into any of the public figure categories.

Issues of Public & Private Concern in Indiana

Just as Indiana defamation law differentiates between public and private figures for purposes of furthering free speech and expression, it also differentiates between issues of public and private concern.

For example, statements on matters of public concern are generally afforded greater protection from defamation liability, given our constitutional interest in maintaining an open, informed society. This means it may be more challenging to succeed on a defamation claim when the defendant was speaking on a matter of public concern.

In Indiana, courts have found that the following constitute matters of public concern:

• An article in a national journal regarding a serious health issue
• The arrest of leadership involved in local drug and education efforts

Conversely, a dispute between a principal and teachers at an elementary school was not considered a public interest matter due to lack of external awareness and impact on students.

Indiana’s Statute of Limitations Deadline For Defamation Lawsuits

A statute of limitations is a legal term for the deadline placed on a plaintiff’s ability to file a lawsuit. As with any legal matter, the statute of limitations determines how long you have to file a case after an unlawful act has occurred.

What is the Statute of Limitations in Indiana For Defamation Lawsuits?

In Indiana, defamation plaintiffs have two years to file a lawsuit after libel or slander takes place, according to Indiana Code 34-11-2-4. The statute of limitations “clock” begins as soon as the defamatory statement is spoken or published, not when it is discovered by the plaintiff.

What Should You Be Aware Of When It Comes to the Statute of Limitations in Indiana?

The defamation statute of limitations can be challenging when a defamatory statement is published more than once. For instance, what if someone publishes a defamatory statement about you on social media in March, but you only find out about the statement when it is shared by another individual in July?

Generally, the statute of limitations begins the first time a defamatory statement is published. In the example above, that would mean the statute of limitations began in March, not July. However, the “single publication rule” may apply differently to online content in some circumstances, particularly if the content is substantially modified or republished.

Given the complexity of these issues, it’s advisable to consult with an experienced defamation attorney as soon as you become aware of potentially defamatory statements about you.

Minc Law Can Help You File a Defamation Lawsuit in Indiana

If you are the target of libel or slander in Indiana (or by an Indiana resident), it may be overwhelming and confusing to know where to start to file suit. We can help.

While we are based in Ohio, we have extensive experience representing clients across the United States and can help you confront your Indiana online harassment or online defamation issue head-on, no matter your location.

You can reach out to us to schedule your initial, no-obligation defamation case review by calling (216)373-7706, speaking with a Chat representative, or filling out our contact form.