Defenses in libel and slander primarily revolve around establishing the truth of the statement, the absence of malice, or other mitigating factors. Key defenses include:
1. Truth: If the statement is proven to be true, it is a strong defense against both libel and slander. Truth is typically determined by evidence presented in court.
2. Privilege: Certain situations, such as statements made in court, legislative proceedings, or by government officials in their official capacity, are considered privileged and are protected from defamation claims.
3. Fair Comment: Also known as "opinion defense," this allows individuals to express their opinions on matters of public interest as long as the statement is based on facts that are true or reasonably believed to be true.
4. Consent: If the plaintiff consented to the publication of the statement, it can serve as a defense against a defamation claim.
5. Absolute Privilege: Provides complete immunity from liability for statements made in certain contexts, such as judicial proceedings or communications between spouses.
6. Qualified Privilege: Offers limited immunity for statements made in certain circumstances, such as in the interest of protecting the public or communicating information to those with a legitimate interest.
7. Fair Report Privilege: Protects the accurate reporting of information, such as court proceedings or public meetings, even if the information is defamatory, as long as it is reported accurately and without malice.
8. Res judicata: This means "a matter judged," is a legal principle that prevents the same matter from being re-litigated between the same parties once a final judgment has been reached.
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