§ 6.4.4.4 FALSITY

• Jurisdiction: Arizona

§ 6.4.4.4 Falsity. To be actionable, a defamatory statement must also be false, as truth is an absolute defense.⁴⁹ Substantial truth is also a complete defense and can be determined by the court as a question of law if the facts are not in dispute.⁵⁰ "A slight inaccuracy of expression is immaterial if the alleged defamatory statement is true in substance."⁵¹ Normally, it is the defendant's burden to plead and prove truth as an affirmative defense.⁵² If there is a qualified privilege, or if the plaintiff is a public figure or a public official, then it is plaintiff's burden to prove falsity.⁵³

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Notes:

^[49] Akres, 45 Ariz. 526, 46 P.2d 126.

^[50] Read v. Phoenix Newspapers, Inc., 169 Ariz. 353, 819 P.2d 939 (1984) (statement that candidate had been convicted of a misdemeanor for firing...