Talk:Hardy Rodenstock

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Disputed claim (minor) in article

Article says: "Unlike U.S. law, in English defamation law even true allegations can be defamatory."

afaik, this is not true of English law, and never has been. Truth is always an absolute defence against libel/slander.

What has possibly changed is that (perhaps) plaintiffs now have to prove their allegation is true, rather than defendants proving the plaintiff's allegation is false. But this is outside my ken.

Source: English law as it stands: https://www.legislation.gov.uk/ukpga/2013/26/crossheading/defences

"(1)It is a defence to an action for defamation for the defendant to show that the imputation conveyed by the statement complained of is substantially true."

Talk page noob, so don't bite! Not sure how to fix but the defamation section needs work generally.

Josip888 (talk) 11:38, 12 December 2020 (UTC)[reply]

Not only have you got the plaintiff and defendant the wrong way around, but (possibly as a consequence), you have the law the wrong way round.

In English law, because the defamed or libelled person initiates the action against the person speaking the defamation or publishing the libel, it is that former person who is the plaintiff and the latter is the defendant. Because the plaintiff is making the allegation [of defamation or libel] he has to demonstrate that the claim(s) are false and made with intent to discredit.

As the act states, a strong defence to the lawsuit is for the defendant to show that the claims are true.

It has to be borne in mind that in the lawsuit, it is the plaintiff that is accusing the defendant of speaking or publishing lies with intent to discredit the plaintiff. This has never changed. There are a few more wrinkles as the linked Act goes on to detail. Since defamation and libel are civil actions (as opposed to criminal) the outcome of a lawsuit is ultimately decided upon the balance of probabilities (that is: that the plaintiff does not have to prove the defamation or libel beyond reasonable doubt, just that it is more probable than not to be the case).

As noted, English law contrasts with US law in that in the US the plaintiff only has to demonstrate that the defamation or libel was made with intent to discredit. The defamation or libel remains even if the claims are true. It is only the intent to discredit that maters. 86.164.109.106 (talk) 14:20, 12 March 2021 (UTC)[reply]

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