If a statement is true, is it still considered defamatory?
Yes, a statement can still be considered defamatory even if it is true. This is because in California, defamation law considers the manner in which the statement is made in deciding whether it is defamatory or not. The truth of a statement is only one factor in deciding if a statement is defamatory. For an example, if someone writes a post about a person on the internet that is true, but is presented in a harmful or offensive way that could make the person look bad or hurt their reputation, then the statement could be considered defamatory. Even if the post only contains true facts, the way it is presented can still be considered defamatory. Ultimately it is up to a judge to decide if a statement is defamatory or not, and truth will be taken into consideration, but the manner in which the statement is made is also important. If a statement is made in an intentionally offensive way or with the intention to hurt someone, then the statement could still be considered defamatory even if it is true.
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