What defenses are available to those charged with defamation?

In California, those charged with defamation have several potential defenses available to them. Generally, individuals accused of defamation may assert that they are not responsible for the statement, that the statement is true, or that the statement is protected by a privilege or immunity. First, a defendant can claim they are not responsible for the statement in question. The defendant may explain that they had nothing to do with the statement at all or that they made the statement in good faith and without knowing it was false. Second, the defendant may argue that the statement is true. This is known as the truth defense and involves proving the truth of the statement through evidence. Third, a defendant may claim that the statement is shielded from a claim of defamation by a legal privilege or immunity. This could be an absolute privilege, such as a statement made by a member of Congress in the course of their duties, or a qualified privilege, such as a communication between two parties related to a contract. In summary, those accused of defamation in California may defend themselves by claiming that they are not responsible for the statement, that the statement is true, or that the statement is privileged or immune from a claim of defamation.

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