What constitutes a defense to defamation for a private plaintiff?

A statement that is true and made during a judicial proceeding constitutes a defense to defamation for a private plaintiff because truth is an absolute defense in defamation cases. In the context of defamation law, if a statement can be shown to be true, it negates the falsehood element necessary to establish a claim of defamation.

Furthermore, statements made during judicial proceedings enjoy a certain level of privilege, meaning they cannot be used as the basis for a defamation claim, regardless of their nature. This privilege encourages open communication and honest testimony in the judicial system, thereby supporting the administration of justice and protecting individuals from the risk of legal repercussions for sharing information pertinent to legal proceedings.

Other options lack the necessary criteria to serve as a valid defense. For instance, a false statement cannot be a defense to defamation; it instead serves as the foundation for the claim. A statement made with actual malice indicates a disregard for truth or falsehood, which again would not absolve an individual of defamation liability. Finally, while a statement made in a private setting may not be defamatory depending on the context, it does not inherently serve as a defense in the same way that truth does.