What defenses are available to those charged with defamation?

In North Carolina, individuals charged with defamation have several potential defenses. A primary defense is truth. If the statement qualifies as opinion rather than fact, it may not be considered defamatory. The defendant must prove beyond a reasonable doubt that the statement was, in fact, true. Another defense available is privilege. A statement may be privileged if it is made during a court proceeding, or between witnesses and parties who are involved in a judicial matter. Additionally, statements made between family members are usually afforded special protection. Furthermore, a defendant may argue that the statement was not published. To prove a case of defamation, the plaintiff must prove that the statement was made public or seen and heard by a third party. A defendant can also argue that the statement was not defamatory in nature and could not have caused harm to another’s reputation. Finally, an accused individual may argue that they had no knowledge of the statement being defamatory. They must prove that they did not intend any harm and were not aware that the statement in question was false or could be considered defamatory. These are a few of the primary defenses available to someone charged with defamation in North Carolina. It is important to note, however, that each case is unique, and the accused individual should consult with an experienced attorney in order to determine the best course of action.

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