Defamation Defenses by Attorney Steve®
Channel: Steve Vondran
Date: 2024-01-01

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DEFENSES TO DEFAMATION UNDER CALIFORNIA LAW

Under California law, there are several defenses to defamation that individuals can utilize to protect themselves against false statements made against them. Here is a list of defenses along with summary examples:

1. Truth: If the statement made is true, it is an absolute defense to a defamation claim. Example: John states that Mary stole money from the company, and it is later proven that Mary did indeed steal the money.

2. Opinion: Statements of opinion, as opposed to statements of fact, are generally protected under the First Amendment and cannot be considered defamatory. Example: Sarah writes in a review that she believes a restaurant's food is terrible; this would generally be considered a protected opinion.

3. Privilege: Certain individuals, such as government officials or witnesses giving testimony in court, are granted privilege, which allows them to make potentially defamatory statements without facing liability. Example: A witness testifies in court that they believe the defendant committed the crime, even if it later turns out to be false.

4. Fair Reporting Privilege: In cases where the defamatory statement is made during a fair and accurate report of a public hearing, meeting, or official proceeding, a defendant may claim fair reporting privilege. Example: A journalist accurately reports that a witness accused a public figure of corruption during a city council meeting.

5. Consent: If the alleged defamatory statement was made with the consent of the plaintiff, it may serve as a defense to a defamation claim. Example: Jane gives explicit permission to Mark to publicly share a previously agreed-upon false story about their past.

6. Satire or Parody: Statements made in satirical or comedic contexts, where a reasonable person would not interpret the statement as factual, are generally protected under the First Amendment. Example: A comedian impersonates a public figure, making exaggerated and humorous claims about their personal life during a comedy skit.

7. Absence of Actual Malice: When the alleged defamatory statement is made regarding a public figure, the defendant may claim protection by proving that the statement was made without actual malice, i.e., without knowledge of its falsity or with reckless disregard for the truth. Example: A journalist publishes a story about a politician's alleged bribery scheme based on credible sources, even though the information later proves to be inaccurate.

8. Independent Source: If the defamatory statement is published based on an independent and reliable source, even if the source is ultimately proved to be wrong, the defendant can argue that they had a valid basis for believing and publishing the statement. Example: A news outlet publishes an article stating that a celebrity couple is getting divorced, relying on multiple trusted sources, even though the couple denies the claim.

It's important to note that each defamation case is unique, and defenses may vary depending on the specific circumstances. Consulting with an attorney experienced in defamation law is advisable to navigate the complexities of these legal defenses