What must be true for the truth defense to be used in a defamation case?

Prepare for the NCTJ Essential Media Law Test. Utilize flashcards and multiple-choice questions, each equipped with hints and explanations. Ace your exam!

For the truth defense to be applicable in a defamation case, it is essential that the damaging facts presented in the statement are 'substantially true' and supported by evidence. This principle is rooted in the belief that a person should not be punished for stating something that is factually accurate, even if it may cause harm to another's reputation.

In defamation law, proving that a statement is true serves as a complete defense against claims of defamation. Therefore, the plaintiff must show that the statement was false to establish their case. If the defendant can demonstrate that the statement was indeed true or substantially true, then they are protected from liability, regardless of the statement's harmful impact. This focus on the veracity of the statement underscores the importance of factual evidence in legal disputes regarding defamation.

The other options do not meet the criteria for the truth defense. Statements based on opinion do not qualify as defamation in the same way as factual claims. Similarly, good faith and public knowledge of the facts are not prerequisites for establishing the truth defense; instead, the core requirement is the accuracy of the information being reported.

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