What defenses are available to those charged with defamation?

In Delaware, defendants charged with defamation may raise a number of defenses including truth, fair comment, and privilege. Truth is a defense against defamation if the defendant can prove that the statement made was true. This means that the statement must be verifiable and accurate. It is important to note that the defendant must be able to back up the statement with evidence. Fair comment is another defense against defamation which applies if the statement made is an opinion or critique based on facts which are true. This defense protects honest opinions and critiques of public figures. Privilege is a defense which applies if certain individuals are speaking on matters of public concern. This defense applies to members of the government and to those with special privileges, such as doctor-patient privilege. In Delaware, a qualified privilege is created when a statement is made during proceedings in official bodies and tribunals, including legislatures and courts. Defendants charged with defamation in Delaware may also raise other types of defenses such as statute of limitations. This defense applies if the plaintiff has waited too long to bring the lawsuit. Although the length of the statute of limitations varies from state to state, in Delaware, the plaintiff must bring the lawsuit within two years. In summary, those charged with defamation in Delaware can raise a number of defenses including truth, fair comment, privilege, and statute of limitations. It is important to note that each defense must be backed up with evidence in order for it to be successful.

What defenses are available to those charged with defamation?

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