{"id":353445,"date":"2016-04-04T10:46:59","date_gmt":"2016-04-04T15:46:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/defenses-to-libel-and-slander.html"},"modified":"2023-06-30T10:45:39","modified_gmt":"2023-06-30T15:45:39","slug":"defenses-to-libel-and-slander","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/defenses-to-libel-and-slander.html","title":{"rendered":"Defenses to Libel and Slander"},"content":{"rendered":"\n
\n

Defenses to Libel and Slander<\/h1>\n\n
\n
\n By Omri Ben-Ari, Esq.<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

A defendant in a defamation case may raise a variety of defenses for libel or slander. True statements, reasonable opinions, and other circumstances don’t violate defamation laws.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Defamation occurs when someone publishes false information that harms another person’s reputation.<\/p>\n

See common defenses to libel and slander torts (civil wrongs) in this article. To understand how to defend against defamation claims, it may help first to familiarize yourself with the elements of libel and slander<\/a>.<\/p>\n

Whether you are suing for defamation or defending against a lawsuit, a defamation lawyer<\/a> can give you more personalized support.\u00a0<\/p>\n

Truth as a Defense to Libel and Slander<\/h2>\n

The common law (law developed over history by courts) traditionally presumed that a statement was false once a plaintiff proved that the statement was\u00a0defamatory<\/a>. Under modern defamation law, a plaintiff who is a public official or public figure must prove falsity as a prerequisite for recovery. Some states likewise now require falsity as an element of defamation that any plaintiff \u2014 even a private individual \u2014 must prove in order to recover. Where this is not a requirement, truth serves as an affirmative defense<\/a>\u00a0to a defamation claim (cause of action).<\/p>\n

The applicability of the truth defense is strong against all types of defamation lawsuits, including\u00a0defamation per se actions,\u00a0<\/a>where a plaintiff does not need to prove actual damages. A defamatory statement does not need to be literally true for this defense to be effective. Courts require that the statement is substantially true for the defense to apply. This means that even if the defendant states some false facts, if the “gist” or “sting” of the communication is substantially true, then the defendant can rely on the defense.<\/p>\n

Consent as a Defense to Libel and Slander<\/h2>\n

When a plaintiff consents to the publication of a defamatory matter about them, this\u00a0consent<\/a>\u00a0is an absolute defense to a defamation action.<\/p>\n

Let’s say a plaintiff claims personal injuries for online defamation of character<\/a> as a result of a defendant’s false statement of fact about them. The defamation suit may have strong injury case evidence for harm to reputation. The defendant admits to making defamatory statements about the plaintiff on social media. But the defendant also presents evidence that the plaintiff provided permission for the postings.<\/p>\n

Here, it doesn’t even matter that the plaintiff suffered monetary damages as a result of harm to their reputation. The plaintiff gave consent to the defendant to post the false statements of fact on social media. Since the plaintiff gave permission, the defendant will have a successful consent defense<\/a>.<\/p>\n

Opinion as a Defense to Libel and Slander<\/h2>\n

The area of law concerning free speech affords strong protections to opinions. The Supreme Court has made rulings to protect the First Amendment freedom of speech, including personal opinions. A defendant can win if a reasonable person would believe that their defamatory statements were statements of opinion.<\/p>\n

In making an opinion, a defendant should not act with either of the following:<\/p>\n