What defenses are available to those charged with defamation?

In Idaho, there are several defenses available to those charged with defamation. The most common defense is that the statement was true. This involves showing that the statement made was verifiably true and cannot be reasonably disputed. Another defense is fair comment, which applies when the statement made was an opinion based on true facts. This defense requires the speaker to have a reasonable basis for the opinion expressed. A third defense is that of privileged communication. This applies when the statement was made in the course of judicial, legislative, or official proceedings, or involved communications between spouses or other privileged relationships. In addition, consent may be a defense when the subject of the statement consented to its publication. Finally, statutes of limitations will apply to defamation claims in Idaho. Statutes of limitations put a deadline on when a claim can be filed, which is determined based on when the statement was made. In Idaho, the statute of limitations for defamation claims is two years from the time the statement was made. In summary, those accused of defamation in Idaho may utilize truth, fair comment, privileged communication, consent, and statutes of limitations as defenses. It is important to consult with an attorney to determine which defense may be most applicable in any given case.

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