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:
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.
Branham v. Celadon Trucking Services, Inc., 744 N.E.2d 514 (Ind.App.2001). In an Indiana claim involving defamation per se, the plaintiff does not need to prove actual damages.
Indiana applies the "actual malice" standard of fault in defamation claims involving private figures if the disputed statements are newsworthy or involve matters of public concern. Journal-Gazette Co. v. Bandido's, Inc., 712 N.E.2d 130 (Ind. 2006). Most states apply a negligence standard in defamation claims involving public figures. See the general page on actual malice and negligence for details on this standard.
Privileges and Defenses
Indiana courts recognize a number of privileges and defenses in the context of defamation actions, including substantial truth, the opinion and fair comment privileges, and the fair report privilege. Indiana has not recognized or rejected the neutral reportage privilege and has not yet considered the wire service defense.
There also is an important provision under section 230 of the Communications Decency Act that may protect you if a third party – not you or your employee or someone acting under your direction – posts something on your blog or website that is defamatory. We cover this protection in more detail in the section on Publishing the Statements and Content of Others.
Neutral Reportage Privilege
Indiana has not explicitly recognized or rejected the neutral reportage privilege. The sole case law on the issue is a 7th Circuit decision that upheld an unpublished Indiana federal court judgment but declined to address the issue of neutral reportage. Woods v. Evansville Press Co., 791 F.2d 480 (7th Cir. 1986). The federal trial court had recognized and applied the privilege, but the 7th Circuit affirmed on other grounds.
Wire Service Defense
Statute of Limitations for Defamation
Indiana is unusual in that its courts have held that the statute of limitations begins when the "damage" of the statement is "susceptible of ascertainment," rather than when the statement was published. Wehling v. Citizens Nat'l Bank, 586 N.E.2d 840 (Ind. 1992). The Wehling court determined that this means the statute of limitations begins when the plaintiff knew about the harm caused by the disputed statements or would have known about the harm if she had exercised due diligence.
Indiana has no case law on whether or not the single publication rule applies. If you are aware of any Indiana cases that acknowledge the single publication rule in the Internet context, please notify us. For a definition of the "single publication rule," see the Statute of Limitations for Defamation section.