What defenses are available to those charged with defamation?

In Oklahoma, those accused of defamation have access to several different legal defenses. These can help the accused avoid liability or reduce the amount of any damages they might be ordered to pay. One defense is truth. Under Oklahoma law, statements must be false in order to be considered defamatory. If the accused can prove that the allegedly defamatory statement is true, then they will not be held liable. Another defense is privilege. This means that even if a statement is false, the accused will not be found liable if it was made in a protected context. This includes communications made in court proceedings, governmental proceedings, and between spouses. Additionally, the Oklahoma Constitution and other laws protect freedom of speech and expression, which is known as the First Amendment. This means that a statement must be found to be malicious in order to be considered defamatory. If the accused can prove that the statement was not meant harmfully, then they may not be held liable. Finally, the accused can use the defense of consent. If the person receiving the allegedly defamatory statement gave their consent, then the accused will not be held liable for making it. Although these defenses can help the accused avoid liability, they must be able to prove that their situation meets the necessary criteria. Otherwise, they may still be held liable for the alleged defamatory statement.

Related FAQs

What is the difference between defamation per se and defamation per quod?
Is an apology considered a defense to a defamation claim?
What defenses are available to those charged with defamation?
Does a person have to prove that the defendant knew or should have known the statement was false?
What is the difference between a libel and slander case?
Are statements made in the media protected by defamation law?
How do you determine whether a statement is defamatory or not?
Is defamation a criminal offense?
What is the burden of proof in a defamation case?
Are statements made in an advertisement considered defamatory?

What defenses are available to those charged with defamation?

Related FAQs

Related Blog Posts