MBE® Flashcard

IS TRUTH A DEFENSE TO DEFAMATION?

 

 

 

Historically, falsity was presumed once the plaintiff established the publication of a defamatory communication. In other words, truth was a substantial defense. The defendant had to prove that the communication was substantially true.

Today, in all defamation cases, except possibly those where the plaintiff is a private plaintiff and the matter is of private concern, the plaintiff must prove falsity as part of her prima facie case.

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