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

In Idaho, a defendant who is accused of defamation does not have to prove that their statement is true in order to avoid liability. This is because Idaho law includes a defense of truth which, if successfully employed, can absolve someone of defamation regardless of the truth of the statement. The defense of truth works when the defendant can show, through evidence, that the statement that has been alleged to be defamatory is in fact true. This evidence must be reliable and factual. In addition, the truth must be proven in court, not just by the statements of an individual. The reason why Idaho allows the defense of truth is because it protects people’s First Amendment rights to freedom of speech. Under this defense, someone is free to speak their opinion without fear of being held liable for defamation, even if their opinion turns out to be wrong. Furthermore, Idaho law requires that a statement must be deemed “malicious” in order to be found defamatory. Malice is defined as “an intentional act involving the reckless and intentional disregard of the right of another.” If it is found that the statement was not maliciously said, then the defendant again does not have to prove truth in order to avoid liability. In the end, Idaho’s defamation law protects a defendant from having to prove truth in order to avoid liability, so long as the statement was not found to be malicious and the defendant can provide valid evidence that their 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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