What are the defenses to a defamation claim?

Ideally you can assert that the remarks never happened or you were not involved in the discussion or writing. Outside of that, there are three main defenses to a defamation claim:

(1) The first is that the statement was privileged, and so must be held in strict confidence. Certain professions (doctors, lawyers, psychologists), or individuals (chiefly your spouse) may maintain a privilege; and if any non-privileged third party was part of the communication, the privilege is broken. Employees of a professional are included to the extent that you needed to use them to contact the professional. Don’t tell your deepest, darkest secret to your attorney’s secretary and expect to maintain the privilege.

(2) The second defense is that the statement is true, for “truth is an absolute defense.” Establishing the truth is the single most effective defense that can be made. If a truthful remark hurts, is embarrassing, or subjects you to ridicule, there is little you can do. Unless the remark is false, you do not have a valid claim.

(3) The third defense is that the statement was an opinion, not an assertion of a fact. This depends on the words used. There’s a world of difference between saying “I think he’s a crook,” and “He’s a crook.” However, a third party may pass on the message without quoting “I think,” and that can weaken the opinion defense.

To find out your best options, consult an experienced libel and slander attorney in your area.

Case Studies: Defenses to a Defamation Claim

Case Study 1: Privileged Communication

Susan, a therapist, is sued for defamation by her client’s ex-partner. Susan asserts the defense of privileged communication, stating that the statements made during therapy sessions were protected by confidentiality laws. The court upholds the privilege and dismisses the defamation claim.

Case Study 2: Truth as a Defense

John publishes an article accusing Jane of embezzlement. Jane files a defamation lawsuit against John, who argues that the statements are true and supported by evidence. John presents financial records and witness testimonies to prove the truth of his claims. The court rules in favor of John, finding that the statements were not defamatory because they were true.

Case Study 3: Statements of Opinion

In a heated political debate, Mark publicly expresses his opinion that Sarah is unfit for public office due to her alleged incompetence. Sarah sues Mark for defamation, but Mark successfully defends himself by arguing that his statements were opinions based on his political beliefs, rather than assertions of fact. The court determines that Mark’s statements are protected expressions of opinion and dismisses the defamation claim.