Is truth a defense to a defamation claim?

Yes, truth is a defense to a defamation claim. In West Virginia, a defendant in a defamation case must prove by clear and convincing evidence that a statement was false and that the statement caused harm. However, when a statement is true, then by definition it could not be defamatory since it is not false, and the truth cannot be harmful. Therefore, in West Virginia, truth is an absolute defense to a defamation claim. West Virginia has recognized the important public policy that truth should always be established in court. Generally, the burden is on the defendant in a defamation case to prove the truth of their statements. As long as the defendant can prove the statement was true, then even if the statement was made maliciously or recklessly, the plaintiff will not be able to prove their defamation case. Similarly, West Virginia also allows publishers to rely on an absolute privilege where their statements are made in the context of an official proceeding, traditionally in the court of law. In these cases, truth is also a defense. Even if a defendant makes a malicious or defamatory statement in an official proceeding, the plaintiff will not be able to prove harm unless they can prove the statement was false. Therefore, it is important to remember that truth is a defense to a defamation claim in West Virginia. Not only is truth an absolute defense but West Virginia also allows defendants to rely on an absolute privilege if their statement was made in the context of a legal proceeding. For this reason, truth should always be established in a court of law.

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Is truth a defense to a defamation claim?

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