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Re: Garden Design


We are
liable for malicious comments that may or may not be founded in truth. A
lawyer friend of mine says that the defense for either libel or slander is
truth. If you speak the truth and can back it up, even in court, fire away.


The defense against libel and slander is, and always has been, "truth and the absence of malice." Both conditions must be met. Truth alone won't necessarily do it.

In the conversation at hand, if we assume that the facts are correct, than absence of malice is automatic because the writer was sharing important information with others who need to know it. However, if the facts are not correct, then absence of malice won't protect him from lack of truth.

What makes libel law different is that the burdon of proof is on the defendent. That is, if you are sued, you have to prove that your statements were both true and lacking in malice.


Brook
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