If you have been accused of libel or slander, one of the most common defenses to defamation is the truth. The alleged statement must be true in its "gist" or "sting," which is the test a jury will use to determine whether the statement was true. A defamation case may involve the disclosure of private information, or it could involve damage to a business or brand.
Another common defamation defense is opinion. It's a common mistake to use opinion as a defense to defamation. However, an opinion may be defamatory if it's based on personal experience. An example of an opinion-based defense is hyperbole. Opinions are deemed to be subjective statements about the speaker's beliefs. The context in which a statement is made also plays a role in whether an opinion can be used as a defense to defamation.
In addition to opinion-based defenses, another important defense is truth. As long as the statement was true, the defendant cannot collect damages. Furthermore, statements that were made in jest or as an opinion are not actionable. Even if you feel the claim was unjust, you can still argue that the words and information used against you are true. So, if someone has defamed you in a way that you disagree with, the defense of truth may be a great relief in defamation cases.
The second defense to defamation is consent. If the speaker was aware that he was referring to the person in the article, they could have consented to the statement. This could be done by identifying the plaintiff in the article or blog post. Although it's difficult to prove this in a "he said/she said" situation, the plaintiff can rely on written consent. So, if you were defamed by someone else, you may be able to claim consent if you consented to the statement.
One of the most important defenses to defamation is truth. In order to succeed in a defamation case, the defendant must prove that the statements in question were true. The plaintiff must show that they suffered monetary losses and reputational harm as a result of the statements. This is not an easy feat. However, with some careful work, you can have a viable defense to defamation.
Another common defense to defamation is privilege. There are two types of privilege: absolute and qualified. Absolute privilege protects statements made during judicial proceedings; qualified privilege protects statements in compelled publications and by certain categories of government officials. Absolute privilege is the complete defense to a defamation suit. The only exception to this rule is if the statement was made under circumstances that gave rise to the alleged libel.
A conditional privilege may be a valid defense to defamation. In order to qualify for this protection, the defendant must have a reasonable belief that the statement being made is true. The defendant cannot retraction the defamatory statement if they have actual knowledge that the statements are false. However, if the employer has made the defamatory statement, it may be a legitimate defense to defamation.