What defenses are available to those charged with defamation?

In South Dakota, the law of defamation provides protection for citizens against false and damaging statements that are published or broadcasted. Those who are charged with defamation can possibly utilize several defenses; the following are the most common. First, the defendant may assert the truth of the statement as a defense. If the statement was true, then the plaintiff cannot prove that the statement was false. Second, the defendant may also claim that the statement was an opinion, sometimes called a “fair comment.” This defense applies to statements that cannot be objectively proven true or false, such as opinions. Third, the defendant may also claim that the statement was made in the context of privileged communication. This applies to the situation where statements are made in the performance of a legal or moral duty or in a circumstance where an individual has a right to speak without fear of a defamation lawsuit. Fourth, the defendant may also claim that the statement was not intentional. This defense requires the defendant to prove that the statement was made without any knowledge of its falsity. Finally, the defendant may also claim that the plaintiff was unable to prove damages. This defense requires the plaintiff to prove that the statement published or broadcasted caused them to suffer damages. Without this proof, the defendant cannot be held liable for defamation. In conclusion, there are several defenses to a defamation charge in South Dakota, and it is important to understand them in order to adequately protect oneself against such a charge.

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