Defending a defamation case

Defamatory statement is the false statement of the fact that has damaged the reputation of someone. There are few arguments that, if raised and proven by the defendant, can defeat a defamation claim.

Defending in Defamation Case:

It is not mandatory that every lawsuit of defamation will be successful. You can take no. of defences or privileges and in case following defences are claimed by defamer then he/she can definitely win the case:

Truth:

 It is an absolute defence to defamation. Always remember that defamation is always a false statement of fact and if statement is true then it cannot constitute defamation.

Merely an Opinion:

Statement of opinion cannot be fact. In a defamation lawsuit, the court observes all circumstances surrounding the uttering of the defamatory statement, including how well you knew the person defamed, how well you knew the person you said the allegedly defamatory statement to, and your intention to make the statement. If, putting it all together, the court concludes that you really made a statement of fact and hid it as a supposed statement of opinion, you will be found liable for defamation.

Absolute Privilege:

It means person making the statement is absolutely priveleged to make that statement at that time even if it is defamatory. Certain situations exempts the person for being liable under defamation:

i.) during judicial proceedings

ii.) by government officers

iii.) by legislatures during assembly sessions

iv.) during political broadcasts

v.) between spouses

Qualified Privilege:

Petitioner shall prove that the person who has made defamatory statements acted intentionally, recklessly or with malice. Qualified Privilege applies:

i.) governmental reports of official proceedings

ii.) government members of local towns or cities

iii.) testimony during legislative proceedings

iv.) statements made by former employer to another employer by the employee

v.) published books or films

e.) Innocent Dissemination:

It is less common, but still has a viable defence. For instance, a newsletter printer or publisher may raise this defence if it contains a defamatory statement. The writer of the newsletter made the statement, and the publisher or printer may or may not have read the material. Therefore, they may not be responsible for defamation.

The burden of proving truth is on the defendant that demeaning comments were actually true. Truth is an affirmative  defence means the defendant’s first try shall be to prove the truth in order to gain defence.

Lead India has expert lawyers from whom you can take free legal advice regarding your case and talk to lawyers to understand if your case really constitutes defamation or not.