Truth and Truthfulness in the Law of Defamation

Eric Descheemaeker

Research output: Working paper

Abstract

This paper provides a comparative overview of two related, but analytically distinct, issues in the law of defamation. The first is whether the true character of a defamatory statement relieves the defendant from liability. On this issue, the civilian and common-law traditions have historically settled on two markedly different stances, the latter accepting the sufficiency of truth simpliciter while the former never did. Some of the reasons for this distinction are explored. Different is the issue of truthfulness, in the sense of belief in truth. Does it, and should it matter, that a defendant believed that what they said was true albeit (prima facie) defamatory? Should we distinguish on the basis of the ‘quality’ of the belief? This paper argues that reasonable truthfulness ought to be recognised as a defence in the law of defamation. De lege lata , the law has never come up with such a general principle, but observation suggests that it has in fact been beating about the bush for a long time, using other analytical tools. Besides, a number of recent developments internationally can be understood as attempts to get closer to the above position.
Original languageEnglish
PublisherSocial Science Research Network (SSRN)
Number of pages21
DOIs
Publication statusPublished - 6 May 2014

Publication series

NameEdinburgh Law School Working Papers
No.2014/26

Keywords

  • defamation
  • defences
  • truth
  • belief in truth
  • iniuria
  • malice
  • animus iniuriandi
  • qualified privilege
  • responsible publication
  • publication on matter of public interest
  • negligence

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  • Truth and Truthfulness in the Law of Defamation

    Descheemaeker, E., 2015, Les apparences en droit civil . Hulin, A-S., Leckey, R. & Smith, L. (eds.). Montreal : Yvon Blais, p. 13-48

    Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

  • Civil Law Workshops

    Eric Descheemaeker (Speaker)

    3 Oct 2012

    Activity: Participating in or organising an event typesParticipation in workshop, seminar, course

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