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Defamation of Character, slander, please help

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J

jd4155

Guest
What is the name of your state? Illinois

Hello, I could use some major help here. Basicaly someone in my family was arrested and charged with first-degree murder, today in my local paper on the front half of the paper is a picture of me getting out of a truck at my house during the search warrent. The caption for this picture reads

" The Telegraph/**editors name** **family members name***, 24, of Alton, climbs out of a pickup truck Monday in the driveway of his house in the 3800 block of **** Street in Alton. He was taken into custody later in the day and charged Tuesday with first-degree murder in"

Please tell me that I have some grounds to stand on here. I was told I need to take a week or so off from work for things to blow over. However I will not lose my job.

To be completely clear, it is a large picture of me but obviously I am not the person listed.
 


P

Pfaffing85690

Guest
Please tell me that I have some grounds to stand on here.
Nope. Not even a mole hill. It's a mistake without intent and the best you can hope for or require is to demand the newspaper print a retraction.
 
J

jd4155

Guest
Amazing what the news can get away with. Thanks for the quick reply however.
 
P

Pfaffing85690

Guest
They are not "getting away" with anything. It's a mistake and they will correct it.

Now, what are you going to do about it?
 
J

jd4155

Guest
**Now, what are you going to do about it?**

From what you are saying there is nothing I can do about it. I am already working on getting a retraction but other than that I suppose I cant do anything.
 
P

Pfaffing85690

Guest
And HOW are you working on getting a retraction?
 
J

jd4155

Guest
I just got off of the phone with the newspaper, they are going to TRY to for a front page retraction. It will be in tommorrows paper regardless.
 

I AM ALWAYS LIABLE

Senior Member
HomeGuru said:
I highly doubt it will be on the front page.

My response:

Sure it will. There will be a tiny, front page, three-sentence, retraction at the bottom of one of the columns, without a picture or anything else to highlight that it's even there. It will be difficult to see, or notice.

That is all the newspaper is required to do. However, if they don't write a retracton within 30 days, then you'll have grounds for a terrific lawsuit. In a defamation action against a newspaper publisher or radio broadcaster, plaintiff must make a demand for retraction prior to filing suit, in order to recover general or exemplary damages. (Absent such demand, plaintiff is limited to special damages.)

Such demand must be in writing, and must specify the statements claimed to be defamatory, and demand retraction thereof.

IAAL
 
J

jd4155

Guest
Yes my picture and the caption were removed this morning. I will reply to this thread again once everything is settled.
 

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