Is a person allowed to use the defense of good faith in a defamation lawsuit?
Yes, a person is allowed to use the defense of good faith in a defamation lawsuit in Idaho. This defense operates as a shield, preventing the accused individual from being held liable for any damages related to the defamatory statement. Generally speaking, the defense of good faith is available when a defendant can show that the statement they made was believed to be true, and that they did not act recklessly or maliciously in making it. In Idaho, the defense of good faith is only available if certain conditions are met. For example, a defendant must have relied on a reasonable and proper source of information when making the statement. Additionally, the defendant must have acted without reckless disregard for the truth and with a good faith belief that the statement was true. As with any defense, the accused person bears the burden of proof, meaning they must show that they acted in good faith in order to successfully use this defense. If the defendant cannot prove that their actions were made in good faith, then they can be held liable for any damages relating to the defamation.
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