Defamation Defense: Consent

A less common but no less important defense to a cause of action for defamation is the defense of consent. If the defendant can show that the plaintiff consented to the publication of the alleged defamatory statement or statements, it operates as a complete defense. In other words, defendant wins. Under what circumstances has the […]

Defamation Defense: Judicial Proceedings

Continuing in our series on defamation defenses, today we’re going to cover the defense of statements made in a judicial proceeding, also known as the litigation privilege. A publication made in a judicial or quasi-judicial proceeding is absolutely privileged.  Civil Code § 47(b). This means that  you cannot prevail in a libel or slander case […]