What Defenses May Be Available To Someone Who Is Sued For Defamation?

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What Defenses May Be Available To Someone Who Is Sued For Defamation?

There are ordinarily 6 possible defenses available to a defendant who is sued for libel (published defamatory communication.)

1. Truth. This is a complete defense, but may be difficult to prove.

2. Fair comment on a matter of public interest. This defense applies to "opinion" only, as compared to a statement of fact. The defendant usually needs to prove that the opinion is honestly held and the comments were not motivated by actual "malice." (Malice means knowledge of falsity or reckless disregard for the truth of falsity of the defamatory statement.)

3. Privilege. The privilege may be absolute or qualified. Privilege generally exists where the speaker or writer has a duty to communicate to a specific person or persons on a given occasion. In some cases the privilege is qualified and may be lost if the publication is unnecessarily wide or made with malice.

4. Consent. This is rarely available, as plaintiffs will not ordinarily agree to the publication of statements that they find offensive.

5. Innocent dissemination. In some cases a party who has no knowledge of the content of a defamatory statement may use this defense. For example, a mailman who delivers a sealed envelope containing a defamatory statement, is not legally liable for any damages that come about from the statement.

6. Plaintiff's poor reputation. Defendant can mitigate (lessen) damages for a defamatory statement by proving that the plaintiff did not have a good reputation to begin with. Defendant ordinarily can prove plaintiff's poor reputation by calling witnesses with knowledge of the plaintiff's prior reputation relating to the defamatory content.

Other Defamation of Character FAQs

Q: What Is Defamation?
A: Defamation is false and unprivileged spoken words or written publication, which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be … More
Q: What Are Slander And Libel?
A: Slander and libel are two forms of defamation. Slander is a spoken defamation and libel is the written form. However, radio and television broadcasts that are … More
Q: Are Insults, Critiques And Opinions Considered Defamatory?
A: Insults and epithets are not normally considered defamatory because they are generally seen as outbursts of emotion, with no real substance except to show intense … More
Q: Are E-Mail And On-Line Activities Subject To Laws Relating To Defamation?
A: Yes, laws relating to defamation are applicable to email and other online activities. For example, if a person commits libel against you through email or … More
Q: Can I Be Sued For Defamation Of Character If I Am Writing A Book Based On A True Story?
A: If you place a "disclaimer" at the beginning that the people and events have been changed to protect the innocent, and that any similarities to actual persons, either … More
Q: I Think Ive Been Defamed, How Can I Prove It?
A: In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to … More
Q: What Damages Can I Recover From A Defamation Of Character Suit?
A: If you have been defamed you may seek both actual damages, to recover the harm that you have suffered, and punitive damages to punish the person who made the remark … More
Q: What Are The Elements Of A Defamation Claim?
A: The party making a defamation claim (plaintiff) must ordinarily prove four elements: 1. a publication to one other than the person defamed; 2. a false … More
Q: What Is Libel Per Se?
A: When libel is clear on its face, without the need for any explanatory matter, it is called libel per se. The following are often found to be libelous per se: A … More
Q: May Someone Other Than The Person Who Originally Made The Defamatory Statement Be Legally Liable In Defamation?
A: One who "publishes" a defamatory statement may be liable. However, 47 U.S.C. sec. 230 says that online service providers are not publishers of content posted … More