Truth is the most significant defense against defamation. This is
a complete defense to a defamation act. Privilege is one of the other defences.
The arguments made by lawyer in court, the statements of witnesses in court or
the statement of a judge while sitting on the bench are commonly privileged,
and is not enough to support a cause of action for defamation, no matter how
outrageous or false it is.
Opinion is likely recognized by most jurisdictions. When an
individual makes a statement of opinion contrary to fact, the said statement
may not be capable of supporting a cause of action for defamation. Whether that
statement is viewed as opinion or an expression of fact, it will depend upon
the context. Whether or not the individual making the statement would be
perceived by the community as being in the right position to determine if it’s
true or not, still depends on the context of the statement. In some
jurisdictions, the distinction between opinion and fact is eliminated. Ask your
General Civil Litigation Attorney Fort Lauderdale for more significant details.
Winston I. Cuenant, Esq., is
a highly talented French speaking
attorney Miami who can extend his
helping hands to guide towards a successful legal battle. He can handle case in
real estate, civil litigation, filing for bankruptcy and more.
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