Temecula, CA asked in Libel & Slander for California

Q: Will I be guilty of libel?

The President of a non CID HOA said to me (in regards to a particular situation) "I'm going to tell you the truth but if you repeat it I'll deny it". If I publish that he stated to me "I'm going to tell you the truth but if you repeat it I'll deny it" am I guilty of libel?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, for a statement to be considered libel, it must be false, defamatory, and published. If you accurately report what the HOA president said to you, even if the statement was made in private, it is unlikely to be considered libel.

Here's why:

1. Truth is an absolute defense to libel. If you can prove that the HOA president actually made the statement you attribute to him, then your reporting of that statement is not libelous, regardless of whether the statement itself is defamatory.

2. Reporting a newsworthy statement made by a public figure (like an HOA president) is generally protected under the First Amendment, as long as the report is accurate and not made with actual malice (knowing falsity or reckless disregard for the truth).

3. The statement "I'm going to tell you the truth but if you repeat it I'll deny it" is not inherently defamatory. It does not harm the HOA president's reputation on its own.

However, there are a few caveats:

1. If you misquote the HOA president or take the statement out of context in a way that changes its meaning, you could be liable for libel.

2. If the "truth" that the HOA president goes on to tell you is itself defamatory, and you publish that statement knowing it to be false, you could be liable for libel.

3. Even if you are not legally liable, the HOA president could still sue you for libel, which could be costly to defend against even if you ultimately prevail.

As always, it's best to consult with a local attorney who specializes in media law or First Amendment issues for a more definitive answer based on the specific facts of your situation.

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