Defamation Defences
Defence of Truth I
It is a defence to an action for defamation to show that the alleged defamatory statement is substantially true. This defence reflects the principle that a person should not be compensated for damage done by a statement which is, in fact, true and accurate. In effect, the statement is protected as an exercise of freedom of speech.
Although truth is a defence, it may often be impractical or impossible to prove the truth of what is otherwise a defamatory statement. A person who seeks to assert the truth of a statement runs the risk of having aggravated damages awarded against him. On the other hand, the jury may take account of other evidence falling short of the defence of truth which shows bad character in the claimant, so that it reduces the ultimate award of damages.
It is a defence known as the “defence of truth” to a defamation action for the defendant to prove that the statement in respect of which the action was brought is true in all material respects. In a defamation action in respect of a statement containing two or more distinct allegations against the plaintiff, the defence of truth shall not fail by reason only of the truth of every allegation not being proved, if the words not proved to be true do not materially injure the plaintiff’s reputation having regard to the truth of the remaining allegations.
The onus of proof is on the defendant, who asserts the truth of the alleged defamatory statement. In effect, the defamatory statement once proved and shown to be potentially defamatory, is presumed untrue, until otherwise proved.