What are the Defenses to a Defamation Action?

There are several recognized defenses to a defamation claim.

First, if the allegedly defamatory statement is true, it is an absolute defense.

Second, a communication may be privileged under the law and specifically exempted from defamation actions.

• Example: In most circumstances, statements made by legislators, judges, attorneys, and those involved in lawsuits (in court or in session) are privileged.