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One of the fundamental tenets of defamation law . . .

206.233.68.152

. . . is that the truth of the statement is an absolute defense to a lawsuit for libel.

Here is an outline of what constitues common-law defamation; that is, the law that has evolved in the courts, not the law enacted by statutes.
Defamation requires:
(1) Defamatory Language;
(2) Of or concerning the plaintiff;
(3) Publication thereof by defendant to a third person; and
(4) Damage to the plaintiff's reputation.

If the defamation concerns a matter of public concern, the Constitution requires the plaintiff to prove two additional elements:

(5) Falsity of the defamatory language; and
(6) Fault on the part of the defendant.

A public concern involves statements about public figures: politicians, professional athletes, anyone recognized as a "public figure." The law views corpoations as "artificial persons"; that is, a corporation may be defamed much as a person could be.

When a person posts on this site it qualifies as a publication of the statements made. A publication is the intent to publish (diseminate) the information; note that intent to defame is not necessary.

Finally, a "public figure" (a corpoation) must prove malice on the part of the defendant to prevail; malice includes:
1. knowlege that the staement was false; and
2. Reckless disregard as to whether the statement was false.

This is more than was requested probably, but it should give all interested a flavor of how libel happens on the net. To all here: watch what you say about specific people or companies, the net is a powerful medium for freedom of expression and exchange of ideas; but it can also be the rope by which one hangs oneself. No-one has an absolute right to say anything they wish about someone else (or a company) without being responsible for the effect of those statements.

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