Substantial truth

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The substantial truth (Engl. Substantial truth is) a term of jurisprudence in the area of libel and slander in the general jurisdiction of the United States and Britain.

Under United States law, a statement cannot be considered defamation or defamation if it is true. The doctrine of substantial truth extends this protection in such a way that an utterance with slight inaccuracies in its formulation also falls under the same protection and the assertion is by its nature not considered to be untrue.

This teaching is used in cases where the truth is used as the central defense against allegations of insult in a public presentation. Only false allegations with intentional malice are threatened with punishment. A defendant who chooses the truth as a means of defense in defamation proceedings is not required to justify every word of the alleged defamatory testimony. It is enough for him to prove that the substance, the content, the main message in the matter is true.

In German law , on the other hand, a true fact can also constitute an offense ( § 192 StGB).

swell

  1. ^ Lathan v. Journal Co. , 30 Wis.2d 146, 158, 140 NW2d 417, 423 (1966).
  2. People v. Ryan , 806 P. 2d 935 (Colo. 1991)
  3. Gomba v. McLaughlin , 180 Colo. 232, 236, 504 P.2d 337, 339 (1972)
  4. Thomas Fischer, Commentary on the Criminal Code, 65th edition 2018, Rn. 28a to Section 193 of the Criminal Code