Legal Question in Business Law in Ohio
Is truth a full-proof defense to slander or defamation?
I recently put up a message on a message board about a company. The company paid me with a bad check. In the message I stated that this company paid me with a bad check. They contacted me and said it was their bank's fault. Now I think they may want to sue me for slander or defamation. Is truth a defense. I was not lying and was trying to help others.
Thanks
1 Answer from Attorneys
Re: Is truth a full-proof defense to slander or defamation?
As our practice is in IN, I will attempt answering this question as an IN legal issue.
Generally speaking, truth is a defense. However, the circumtances under which this was posted must be looked at. What was done to notify the maker of the check, their response and what was the information received from the bank where the account rests before posting. These may be factors in determining if such a posting was reasonable at the time it took place on the internet.
Another question is what legal steps were taken to recover on the check before the posting as well.
There may be an issue as to whether the posting was reckless and the intent behind it.
This may not be as clear as answer as you may like, but it is the best that can be given with the facts provided to date.
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