Online Defamation in Illinois: False Posts, Reviews, and What You Can Do

If someone posted false statements of fact about you or your business online, Illinois law gives you a claim against the person who posted them, usually within one year. Jonathan Phillips represents people and businesses harmed by online defamation, and defends people accused of it, in Illinois and federal courts. Updated October 2026.

At a glance

  • Who you sue: The person who posted. Websites and platforms are generally protected by 47 U.S.C. § 230.

  • What you must show: A false statement of fact about you, published to others, made at least negligently, that caused harm. Some statements are harmful as a matter of law.

  • Deadline: One year from publication (735 ILCS 5/13-201) [verify]

  • Remedies: Damages, and after a court finds the statements false, an order to remove them [verify]

  • If the poster is anonymous: See how to unmask an anonymous online poster.

What counts as defamation in Illinois?

Defamation is a false statement of fact about you that is published to a third party, made with at least negligence, and that harms your reputation. Illinois courts also ask whether the statement can reasonably be read as stating a fact, not opinion, and whether it can be read innocently.

  • Fact: "He took bribes from the city" can be proved true or false.

  • Opinion: "Worst service in town" generally cannot, and is usually protected.

  • Mixed statements: "I think he's a thief" can still imply facts, so the framing does not control.

Which statements are harmful as a matter of law?

Illinois treats five categories as defamation per se, meaning harm to reputation is presumed and you do not need to prove specific losses (Solaia Technology v. Specialty Publishing, 221 Ill. 2d 558 (2006)):

  • Accusing you of a crime

  • Saying you have a loathsome communicable disease

  • Saying you cannot do your job, or lack integrity in it

  • Saying you lack ability in your trade, profession, or business, or otherwise harming it

  • Accusing you of adultery or fornication

False online reviews that accuse a business of fraud, theft, or illegal conduct, or say a professional is unqualified, often fall in these categories.

How long do I have?

One year from publication for defamation (735 ILCS 5/13-201). Illinois's single publication rule (740 ILCS 165) generally treats one post as one publication, so leaving it online does not restart the clock [verify as applied to internet posts]. Platforms also keep identifying logs for limited periods, so waiting can cost you the ability to find the poster.

What defenses should I expect?

  • Truth or substantial truth. If the gist is accurate, there is no claim.

  • Opinion. Courts separate statements that can be proved false from rhetoric and judgment.

  • Innocent construction. A statement that can reasonably be read innocently is not actionable.

  • Privilege. Fair reports of official proceedings and some other settings are protected.

  • The Citizen Participation Act. Illinois's anti-SLAPP law lets a defendant move for early dismissal if the suit targets protected speech, with a mandatory fee award to a prevailing movant. See the anonymous speaker page. Plan your complaint with this motion in mind.

What should I do in the first week?

  1. Capture the posts now: full-page screenshots with the URL and date, and the poster's profile page.

  2. Do not reply publicly or message the poster; it can make things worse and give the poster new material.

  3. Report violations through the platform's own tools, but know that removal is the platform's choice.

  4. Write down who saw it, what business or relationships it affected, and any lost customers or contracts.

  5. Talk to counsel before sending any demand. A letter that overreaches can trigger an anti-SLAPP motion.

Should I sue, send a letter, or report it?

  • Poster is known, statements are factual and clearly false: A demand letter with a retraction and removal request often works; litigation follows if it does not.

  • Poster is anonymous: Start with a pre-suit petition to identify the poster. See unmasking.

  • Fake or competitor reviews on a platform: Start with the platform process. See fake reviews removal.

  • Mostly opinion or a harsh but true review: Usually not worth a suit; a public response may serve better.

How I handle these

Jonathan has litigated both sides of online defamation matters, including successful defenses of defamation claims and unmasking of anonymous defamers. He has handled [N] online defamation matters. He does not promise removal of any post or a particular outcome. Flat fees and payment plans are available for many demand-letter and pre-suit matters. Prior results do not guarantee a similar outcome.

Frequently asked questions

Can I sue Google, Yelp, or Facebook over a false review? Usually not. Section 230 protects platforms from liability for most user posts, so the claim runs against the person who wrote it.

Is a false negative review always defamation? No. It has to be a false statement of fact, not opinion, and it has to harm you. Reviews that accuse you of a crime or of lacking professional ability get stronger treatment.

How long do I have to file? Generally one year from the date the statement was published. Do not wait.

Can you get the post removed? A court can order removal after finding statements false, and some posts come down after a demand letter. No lawyer can promise removal.

What if I am the one accused? Jonathan defends these claims too. See the anonymous speaker page if you posted anonymously.

Jonathan L.A. Phillips, Brown, Hay & Stephens, LLP. Part of Internet Law. Last reviewed October 2026. Prior results do not guarantee a similar outcome.