§ 14-20 Defamation - Truth Defense

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 14-20 Defamation - Truth Defense

The defendant claims the words he [spoke][wrote] were the truth. Truth is an affirmative defense in the law. The defendant must prove this defense by the greater weight or preponderance of the evidence.

A sufficient defense is made out where the evidence establishes the statements were substantially true. It is not necessary to establish the literal truth of the precise statements made. Slight inaccuracies of expression are immaterial provided the defamatory charge is true in substance. The defendant need not justify every word of the statement so long as the statement's substance or "gist" is proved true. The statements must be viewed in their entirety. Variances in immaterial particulars may be disregarded. The test is whether the...