As mentioned earlier, not all cases amount to defamation, even if the other party’s remarks harmed the victim’s reputation. That said, here are some examples of defenses to a defamation lawsuit.
The other party could argue that they were expressing their opinion. And if the court determines that their statements were more of an opinion than fact, you might not be able to sue for defamation.
The defense could also claim that whatever they said or wrote was true. In that case, they may be required to prove their claims, and if they do it, the case will not count as defamation.
You cannot sue if you consented to the release of the said statements. So, for example, if you gave an interview and the interviewer quoted what you said, you cannot sue them for defamation.
The defense could also claim that they withdrew their statement. If they can prove it, the court might uphold their defense.
Lastly, the defendant could claim that the statements were made from a position of privilege. There are two forms of privilege in defamation cases: absolute privilege and qualified privilege.
In absolute privilege, the person making the statement is protected regardless of whether or not their statement is true. For example, when someone testifies in court, they have absolute privilege. This privilege encourages people to testify freely. As a result, they cannot be sued for defamation. Instead, it will be up to the judge or jury to decide whether those statements are true.
In qualified privilege, the defendant makes a statement out of openness and transparency, usually referring to a matter of public importance. For example, a news reporter cannot be sued for defamation when reporting a matter of public importance, even if their statements are false. However, they might be sued if they made such statements out of malice.