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Truth
Proving the allegedly defamatory statement is substantially true
Opinion
Statements of opinion are protected free speech
Absolute privilege
Certain official statements, like court testimony
Qualified privileg
Statements made with a legal/moral duty to speak
Consent
The plaintiff agreed to the publication of the statement
Statute of limitations
Defamation claims must be filed within set time limits
Defamatory
tends to harm the subject's reputation by exposing them to public hatred, contempt, ridicule, or scorn
Falsity
The statement must be false; truth is an absolute defense to a defamation claim. The plaintiff generally has the burden of proving the statement is false
publication
The communication of a defamatory statement to a third party, which is essential to establish a defamation claim.
Identification
The statement must be "of and concerning" the plaintiff, meaning it must clearly identify them, even if they are not named directly.
Fault
The plaintiff must prove the defendant acted with the required degree of fault. This is often negligence for private figures and actual malice for public figures.
Damages
The false and defamatory statement must have caused actual harm or damages to the plaintiff's reputation, such as financial loss.
Six Defenses Of Libel
Truth, Opinion, Absolute Privilege, Qualified Privilege, Consent, Statue Of Limitations
6 Ways Of Proving Libel
Defamatory, falsity, fault, publication, identification, damages
Libel
The publication/ broadcast of any false statement/ fact that can harm one's reputation.