What is a good defence in an action for defamation?
Asked by: Ms. Naomi Wiegand I | Last update: January 30, 2026Score: 4.5/5 (40 votes)
Good defenses in a defamation case center on proving the statement was true (or substantially true), was an opinion, was protected by privilege (absolute or qualified, like in court or fair reporting), or that the plaintiff consented to the publication, with other defenses like rhetorical hyperbole or retraction also available, depending on the jurisdiction. Truth is a strong defense, but the burden often falls on the defendant to prove it, while opinion requires showing the statement can't be proven true or false.
What are defenses for defamation?
Truth is widely accepted as a complete defense to all defamation claims. An absolute privilege is also a complete defense to a defamation claim. Among other examples, this includes statements made by witnesses during a judicial proceedings.
What is the best defense to a defamation suit?
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required. In other words, the statement publicized about the plaintiff must be false in order to prove defamation.
What are the defences to defamation?
Defamation defences include public interest, truth, honest opinion, absolute privilege, and innocent dissemination.
How to defend a defamation case?
However, several legal defences are available, ranging from proving the truth of statements to demonstrating responsible communication. If you are facing a defamation lawsuit, it is important to seek legal advice promptly to protect your rights and build a strong defence.
Defamation, Slander & Libel Explained by an Employment Lawyer
What proof is needed for defamation?
To prove defamation (libel or slander), you generally need to show a defendant made a false statement of fact, communicated it to a third party, with at least negligence (or actual malice for public figures), that it was about you, and that it caused you actual harm or damages, like reputational or financial loss, with truth being a strong defense.
What is the absolute defense to defamation?
Truth is a complete defense in defamation cases. Truth and opinion are both considered absolute defenses. This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
How much evidence do you need for defamation?
The burden of proof is upon the Claimant. To prove defamation, you need to establish that: The statement made against you is not substantially true. The statement was made knowingly or recklessly.
How to win a defamation case?
If someone sues me for defamation, what must they prove to win the case?
- published the statement, meaning that it was read or viewed by at least one other person besides the plaintiff. ...
- identified the plaintiff. ...
- harmed the plaintiff's reputation. ...
- made a false statement of fact. ...
- had at least some level of fault.
What is the burden of proof in a defamation case?
In legal terms, the burden of proof refers to a party's obligation to present sufficient evidence in order to discharge the legal requirements of their claim. In civil defamation cases, this burden initially rests with the claimant, who must demonstrate—on a balance of probabilities—that defamation has occurred.
How to deal with someone defaming you?
To handle slander, you can calmly address the person directly (if safe), build a support network of allies, focus on your integrity and positive actions, document everything, and, if necessary, consult a lawyer for formal steps like cease and desist letters or legal action, especially if the slander impacts your job or reputation significantly.
Why is it so hard to win a defamation case?
A defamation lawsuit is notoriously difficult to win because it carefully balances an individual's right to their reputation and another person's right to free speech. The legal burden of proof is high, requiring a detailed and strategic approach.
What is the strongest defence to a defamation suit?
The most direct defense to defamation is that the statement is true. If a defendant can show that the statement at issue is true or substantially true, the claim will fail.
How to defend yourself against slander?
Opinion as a Defense to Libel and Slander
A defendant can win if a reasonable person would believe that their defamatory statements were statements of opinion. In making an opinion, a defendant should not act with either of the following: Reckless disregard for the truth. Actual malice against the plaintiff's ...
What is the substantial truth defense of defamation?
An effective defense can rely on the substantial truth doc- trine. Under the substantial truth doctrine, a defamatory statement is First Amendment-protected if it is factually similar to the pleaded truth, and does not differ from the truth by more than immaterial details.
Is it worth suing someone for defamation?
Suing for defamation can be worthwhile if you suffered significant, measurable harm (reputational, financial, emotional) from false statements, and you have strong evidence, but it's a difficult, costly process involving intrusive discovery and proving damages, making legal consultation essential to weigh potential recovery against high legal fees and stress.
What proof do you need for defamation?
To prove defamation (libel or slander), you generally need to show a defendant made a false statement of fact, communicated it to a third party, with at least negligence (or actual malice for public figures), that it was about you, and that it caused you actual harm or damages, like reputational or financial loss, with truth being a strong defense.
What is the absolute privilege in defamation?
When “absolute privilege” applies, it provides a speaker complete immunity from liability for defamation, even if the speaker made the false statement with knowledge that the statement was false and a malicious purpose.
Who cannot sue for defamation?
You cannot sue for defamation based on statements considered “privileged.” For example, when a witness testifies at trial and makes a false and injurious statement, the witness will be immune to a lawsuit for defamation because the act of testifying at trial is privileged.
How much does a defamation lawyer cost?
Suing for defamation is often costly. Legal fees typically range from tens of thousands of dollars for straightforward cases to well over $100,000 for complex trials. The exact cost depends on case complexity, evidence and how far the case proceeds. Simple cases may cost tens of thousands of dollars.
Can someone sue you without evidence?
Civil lawsuits seek to provide compensation for the harm caused by abuse. Even without physical evidence, survivors can pursue damages for: Therapy and medical care.
How often do defamation cases go to trial?
Based on our experience, fewer than 5% of defamation cases make it to trial, a statistic that might come as a surprise to many. This low percentage is influenced by several factors, including the likelihood of early dismissals favoring the defendant, potential counterclaims, and financial considerations.
What is the test for defamation?
At common law, a libel plaintiff has the onus of proving on a balance of probabilities: (1) the impugned expression would tend to lower his or her reputation in the eyes of a reasonable person; (2) the expression referred to the plaintiff; and (3) the expression was communicated to at least one person other than the ...
Who has the burden of proof in a defamation case?
In a defamation case, the plaintiff (the person bringing the lawsuit) has the burden of proof. This means it is up to you to prove that the defendant made false and damaging statements about you. The defendant does not have to prove they did not do anything wrong.