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 North Carolina. Good faith is a defense to a defamation claim under North Carolina law. This defense allows a person to be found not liable for a defamation claim if they acted in good faith. Good faith is typically demonstrated when the defendant can prove they believed their statement was true and that they had no malicious intent. This belief can be shown through evidence such as research, interviews, or other forms of information gathering. Good faith does not excuse a defendant from due diligence in researching the accuracy of their statement. Additionally, a defendant may have the burden of proving good faith if the plaintiff is able to successfully prove that the defendant was negligent in researching the accuracy of their statement. Depending on the type of statement, a defendant may also have to prove that their statement was reasonably factual and not presented in a misleading, fallacious manner. In sum, a person is allowed to use the defense of good faith in a defamation lawsuit in North Carolina. However, they may still have the burden to prove their good faith through evidence. If they are unable to do so, they may still be held liable for the defamation claim.
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