What must a defamatory statement be to qualify for the truth defense?

To qualify for the truth defense in a defamation case, a statement must be substantially true and supported by evidence. This means that the factual basis of the statement must accurately reflect reality. The burden of proof lies with the defendant to demonstrate that the assertions made in the allegedly defamatory statement can be substantiated with reliable evidence, such as documents, witness testimony, or other forms of validation that affirm the truth of the content.

Substantial truth allows for minor inaccuracies in detail as long as the overall meaning of the statement is true and no harm is caused to the plaintiff's reputation beyond what would result from the true statement. It is crucial for the defense to showcase that the essence of the defamation claim is genuinely represented in reality, aligning with established legal principles surrounding freedom of speech and journalistic integrity.

In contrast, the other options do not reflect the necessary legal criteria for the truth defense. Subjectivity pertains to personal perspectives, which are irrelevant to establishing factual accuracy. Irreparability relates to the damages caused, not the truthfulness of the statement itself. Lastly, hearsay is generally not admissible as evidence in court without specific exceptions, thus cannot establish the truth required for a defense.