Also known as:truth is a complete defence · truth as complete defense · truth defense · absolute defense · justification
Written by attorneys · grounded in primary & secondary sources — see below
A principle in tort law that the truth of a published statement defeats liability for defamation or injurious falsehood.
Sources & Authorities· 21 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
True Report Avoids Liability
Tyler Taylor publishes a factual account stating that Theo Thomas diverted funds from a client account. Theo sues for injurious falsehood. Because the facts stated are true, Tyler faces no liability under the governing rule.
Accurate Use Description Prevails
Tristan Thompson records a long-standing path across Taliah Tang's land. Taliah sues claiming the use lacks legal justification. Because the recorded facts of the use are true, the claim for injurious falsehood fails.
Factual Gender Data Defeats Suit
Titan Industries publishes statistics showing performance differences by gender in its hiring data. A rejected applicant sues for injurious falsehood. Because the underlying data are true, the publisher incurs no liability.
Triumph Manufacturing certifies discovery responses that accurately reflect its document production. An opponent moves for sanctions claiming improper certification. Because the facts in the certification are true, the publisher incurs no liability for injurious falsehood.
True Facts Block Slayer Benefit
Trevor Tate publishes that Thaddeus Tran feloniously killed the decedent. Tran sues for injurious falsehood. Because the facts stated are true, the publisher is not liable.
Accurate Statement Ends Claim
Trailblazer Airlines publishes that a competitor's maintenance record shows repeated violations. The competitor sues for injurious falsehood. Because the facts stated are true, the airline is not liable.
Common questions
Frequently Asked
3
Does truth remain a complete defense when the statement mixes fact and opinion?+
Truth of the facts stated or implied defeats liability for injurious falsehood even when the statement contains an opinion. The defense applies directly to the factual component that supports the opinion.
Who bears the burden of proving truth or falsity?+
The plaintiff must prove falsity. Once the defendant shows the statement is substantially true, the claim fails regardless of minor inaccuracies.
Does the defense apply only to defamation or also to injurious falsehood?+
The defense applies to both defamation and injurious falsehood. Truth of the facts stated defeats liability under the injurious falsehood rule.
410 U.S. 113 (1973)Constitutional Law
…early in pregnancy and those performed later, and it limits to a single reason, "saving the life of the mother," the legal justification for the procedure. The statute, therefore, cannot survive the constitutional attack made upon it here. This conclusion makes it unnecessary for us to consider the additional challenge to…