Articles Tagged with substantial truth doctrine

You may have heard that truth is a complete defense to an action for libel or slander. This is essentially correct, but it would be more accurate to say that to win a defamation case, the plaintiff must be able to prove that the statements at issue are false. In other words, the burden of demonstrating falsity lies with the person bringing the case; the defendant does not need to prove that the statements were true. If the jury finds that the odds of a defamatory statement being true are exactly 50-50, the defendant wins, not because “truth is a complete defense,” but because the plaintiff failed to convince the jury that the statement was false.

So if you’re a prospective plaintiff considering suing someone for defamation, you need to understand that you’re not going to win unless the words that were spoken or written about you are false. And when I say “false,” I mean that the part of the statement that is hurtful or offensive–the “sting” of the statement–needs to be false in all material respects. If the stinging words are substantially true, forget litigation. Filing a lawsuit is only going to invoke the Streisand Effect and bring more attention to the situation, resulting in further harm to your reputation.

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