Whether the issue is an accusation you made in public or an offhanded comment that was overheard and spiraled out of control, the idea of being sued for defamation begs an important question: Can you really be sued for telling the truth?

The simple answer is no—truth is a powerful defense in defamation cases. That doesn’t make being accused of defamation any less intimidating. To diminish some of the intimidation involved in being charged, let’s take a closer look at what defamation is and why the truth matters so much.

Defamation occurs when someone makes a false statement about another person, organization, or entity that causes harm to their reputation. It can take the form of libel, which is written defamation, or slander, which is spoken defamation.

The key elements that a person suing another for defamation must prove include:

1. The statement has to have been made to a third party.
2. The statement was false.
3. The statement caused reputational harm.
4. In some cases, that the statement was made with a certain level of negligence or malice.

What’s most important in each of these factors is the question of falsehood. If the statement at the center of the accusation is true, then by definition, it can’t be defamatory.

Truth is an absolute defense to a defamation claim. The laws surrounding defamation were written with the recognition that protecting factual and truthful speech is essential to free speech. As a result, courts don’t penalize people for making truthful statements, even if those statements are damaging or embarrassing to another.

Unfortunately, in a defamation case, the burden of proving the truth generally falls on the person being accused. If you’ve been named in a defamation lawsuit, you’ll need to demonstrate that the statement in question was factually accurate. This may mean that you have to present the court with evidence, such as documents, recordings, or witness testimony, to substantiate your claims.

It’s important to remember that while truth is the main defense, nuances do exist. The way that a true statement is made can be a justification for a legal challenge: If the statement was delivered in a misleading or malicious context, it may open the door to claims of other torts, such as invasion of privacy or intentional infliction of emotional distress.

In the United States, the laws are written so that individuals can speak freely without undue fear of legal repercussions, but accusations can still be made.  If you’ve been accused of defamation, our experienced attorneys can help. Contact us today to set up a time to discuss your situation.