ABA Family Legal Guide

Personal Injury

Intentional Wrongs

Are there defenses to defamation?

There are several defenses that will defeat a defamation claim. As mentioned above, consent is one; truth is another. And certain persons and proceedings (such as a judge in his or her courtroom, witnesses testifying about a relevant issue in a case, and certain communications by legislators) are said to be privileged. They are protected from defamation claims.

Many states have so-called retraction statutes, which enable media defendants to retract, or take back, defamatory statements. Many retraction statutes merely limit a defendant's liability. Some statutes, for example, prevent a plaintiff from recovering punitive damages if the defendant properly retracts the statement. Sometimes, defendants can put forth a libel-proof-plaintiff defense. This defense revolves around a plaintiff who has no claim to a good reputation.