What defenses are available to those charged with defamation?

In Colorado, there are several defenses available to those charged with defamation. First, the person accused of defamation must prove the truth of the statement. This defense cannot be used for opinions or for statements that cannot be proven true or false. Second, the defendant in the case can use the defense of privilege. This means that the accused can prove the statement was made in good faith and was an honest opinion. Third, the defendant can argue that the statement was “fair comment” made in the public interest. This defense can be used if the statement at issue relates to a matter of public interest or a matter of public concern. Finally, the defendant may argue that the statement was “hyperbole” or an exaggerated statement that cannot be taken literally. Overall, in Colorado, there are several defenses available to those accused of defamation. Whether or not these defenses are successful will depend on the circumstances of each individual case. A skilled attorney will be able to assess the situation and best advise an individual on which defense or defenses they may be able to use in their case.

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