Big Graeme wrote:It doesn't matter, you can still libel someone by telling the truth.
Technically not quite, the defence (at present) is "justification" but the unfortunate part is, you need to establish the justification. In order words, it is up to you to
prove that the statement was true.
If it was true, then it wasn't a libel. It wouldn't be much consolation, but the fact that you lost your case cos you couldn't
prove it was true means that you didn't prove it
wasn't a libel.
It's a bit on the lines of 'innocent until proved guilty' - that is, 'libellous until proved true'
It is a bad aspect of current libel laws though moves are afoot for long overdue reform. Still, though, there is a point to the law as it is. Otherwise, anybody could say any lie (eg X beats his wife) and have a perfect defence simply by saying 'it's the truth'.
But if you can prove it's true, then you do have a perfect libel defence.