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Truth is an absolute defense against defamation, including per se defamation. If the statement is true, it cannot be defamatory.
False is defined in McBride v. People (126 Col. 277, 248 P.2d 725), a 1952 Colorado Supreme Court Decision, as: False denotes an intentional, deliberate, and willful untruth, something beyond mere inaccuracy.
The law does not require that a statement must be perfectly accurate in every conceivable way to be considered “true.” Courts have said that some false statements must be protected for the wider purpose of allowing the dissemination of truthful speech. The resulting doctrine is known as “substantial truth.” Under the substantial truth doctrine, minor factual inaccuracies will be ignored so long as the inaccuracies do not materially alter the substance or impact of what is being communicated. In other words, only the “gist” or “sting” of a statement must be correct.
This privilege generally applies to publicly available government records, official government reports, and statements made by government officials. This privilege enables the MHPHOA.COM to freely report about what people say during City Council Meetings or to quote from publicly available records.
The right to speak is guaranteed by the First Amendment to the United States Constitution which includes the right to voice opinions, criticize others, and comment on matters of public interest. Such statements represent what is called “pure opinions” because they can't be proven true or false.
Other types of communications are subject to what is called a qualified privilege, meaning that the person making the allegedly defamatory statement may have had some right to make that statement.
Just one (1) of the statements for which a qualified privilege applies is...
- Statements made in self-defense or to warn others about a harm or danger.
The libel-proof plaintiff doctrine recognizes that a plaintiff’s reputation with respect to a specific subject may be so badly tarnished that he cannot be further injured by allegedly false statements on that subject.
Guccione v. Hustler Magazine, Inc., 800 F.2d 298, 303 (2d Cir. 1986)
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