Does a defendant have to prove truth in order to avoid liability for defamation?

In California, the answer to whether a defendant has to prove truth in order to avoid liability for defamation is no. In California, defamation is a statement made by one person about another, that is false, and has the potential to cause harm to the person about whom the statement was made. This means that even if a statement is true, it can still be defamatory, if it is likely to harm the subject of the statement. The defendant in a defamation case can defend themselves against liability by proving a number of things. One possible defense is that the statement was privileged. Certain categories of speech are protected by the First Amendment, and a defendant can claim the statement was privileged if it falls into one of these categories. Another defense is that the statement was an opinion, rather than a statement of fact. In California, opinions cannot be defamatory, so a defendant can argue that the statement was an opinion and therefore not defamatory. The defendant can also prove that the statement was true, but this is not necessary for them to avoid liability for defamation. This is because the standard for proving a defamatory statement is that it is “false” and capable of causing harm, rather than that it is “untrue.” This means that a defendant can avoid liability without actually having to prove that the statement is true.

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Does a defendant have to prove truth in order to avoid liability for defamation?

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