Is an apology considered a defense to a defamation claim?

In Minnesota, an apology is not considered a defense to a defamation claim. Defamation is when a person makes a false statement that causes another person harm. Although an apology is a good way to show that the speaker is sorry for saying something that has caused harm, it does not erase the harm caused by the false statement. An apology may be a factor taken into consideration when the court decides the amount of damages to be awarded to the person who has been harmed. In some instances, depending on the circumstances, an apology could lead to a reduction in the amount of damages. The important thing to remember is that the statement must be false in order to be considered defamation. Therefore, apologizing for saying something that is true does not provide a defense. Additionally, an apology alone does not provide a defense to a defamation claim; a person accused of making a false statement must also prove that the statement is true. Ultimately, whether an apology is viewed as a defense to a defamation claim or a mitigating factor in determining damages is at the discretion of the court.

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Is an apology considered a defense to a defamation claim?

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