Defamation Template With Case Laws In Utah
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The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required.
Truth, or substantial truth, is a complete defense to a claim of defamation.
Truth is widely accepted as a complete defense to all defamation claims.
In Utah, person claiming defamation must prove that: The information was false and unprivileged. In publishing the statements, the defendant acted with the “requisite degree of fault.” When applied to a private individual, this requires simple negligence, while a public figure must prove actual malice.
In some cases, you may be able to defend against a defamation claim by publicly retracting the statement and apologizing for it. The retraction likely would need to occur in the same place as the original statement.
76-9-404. Criminal defamation. (1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.
Truth is the best defense to defamation. For example if sued for calling a person a criminal, then the defendant could produce a valid record of a criminal conviction, properly certified and exemplified and the defendant would probably be granted summary judgement.
Utah Criminal Code § 76-5-106. Harassment. (1) A person is guilty of harassment if, with intent to frighten or harass another, he communicates a written or recorded threat to commit any violent felony.
