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Libel: Falsity

It often has been said that truth is an absolute defense to libel.⁵ Absolute accuracy is not the appropriate criterion. Rather, the general standard is that the information must be substantially true.

Under the common law, the media defendant had the burden of proving that the statements challenged by the plaintiff were true. The Supreme Court changed that standard for libel suits involving public officials and public figures.⁶ These plaintiffs are required to prove that the statements of fact were false.

As a result of the Supreme Court's decision in Philadelphia Newspapers Inc. v. Hepps, private individuals suing for libel also must prove the statement was false if it involved a matter of public concern.⁷

An altered or inaccurate quote that damages the reputation of the person quoted can be actionable.⁸

Notes

5. However, in at least one state, Rhode Island, truth is not a defense when the statement was made with malicious motives. R.I. Const. Art. 1, § 20; R.I. Gen. Laws § 9-6-9 (1998).

6. New York Times v. Sullivan, 376 U.S. 254 (1964); Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967).

7. Philadelphia Newspapers v. Hepps, 475 U.S. 767 (1986).

8. See Masson v. New Yorker Magazine, Inc., 111 S.Ct. 2419 (1991).

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