மான நஷ்ட ஈடு விதி விலக்குகள் | Defence of Defamation | Law of Tort | Dr.A.C.Nakshathra | Tamil

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Absolute Defenses

First and foremost,  truth  is an absolute defense to a defamation lawsuit. If the statement that is the subject of the suit is true, and you can prove it, your attorney can move to have the plaintiff's claim dismissed. No one is punished for speaking the truth, even if it is an ugly truth.
Absolute privilege  is also a complete defense to a lawsuit. Some types of statements -- or the settings in which they are made -- are  privileged  no matter how negative they may be. For example, arguments that lawyers make in court, comments judges make, and testimony given by witnesses in a trial are all absolutely privileged. There is a strong interest in promoting vigorous advocacy from attorneys and truthful testimony from witnesses, so people cannot be punished for things they say in those contexts. Also, the fact that witnesses testify under oath lends credence to what they are saying, and that testimony is always protected.

Qualified Privilege

Qualified privilege  is another common defense to a defamation action. Sometimes, even if a statement is not absolutely privileged, the context in which it was made means that it should be privileged anyway. An example might be statements a reporter makes about a matter of public interest in the community. Even if the information puts a person in a negative light, some subjects are so important to the public in general that they will be protected.

Public Interest

Similar to opinion is the defense of "fair comment on a matter of public interest." If, for example, someone makes a statement about the actions of people on a school board, the statement might be protected because there likely is a strong public interest in the activities of the school board. These types of statements tend to involve local politics or community activity. Similar to the opinion defense, whether this defense is available to you depends on the subject matter and the context in which it was made.