Q: Am I guilty of libel
A public official 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".
I published that this public official said this to me. He is now threatening to sue me for libel.
A:
Based on the information provided, it seems unlikely that you would be found guilty of libel under California law for publishing the public official's statement. Here's why:
1. Truth is an absolute defense to libel. If the public official actually made the statement you quoted, and you can prove it, then you cannot be held liable for libel, even if the statement is damaging to the official's reputation.
2. As a public official, the person in question would be considered a "public figure" under defamation law. Public figures have a higher burden of proof in libel cases. They must prove "actual malice," meaning that you published the statement knowing it was false or with reckless disregard for its truth or falsity. Simply publishing something that turns out to be false is not enough.
3. The statement itself is not inherently defamatory. It does not directly accuse the public official of wrongdoing or attack their character. While it may suggest something unflattering about the official's conduct, it is not a clear-cut case of defamation.
However, there are a few caveats to keep in mind:
- If you cannot prove that the official actually made the statement (e.g., if there were no witnesses or recordings), then it may come down to a "he said, she said" situation, which can be more challenging to defend in court.
- If the official can somehow prove that you knew the statement was false or had serious doubts about its truth, then they may be able to establish actual malice.
- Even if you ultimately prevail in a libel suit, defending against one can be costly and time-consuming.
As with any legal matter, it's best to consult with a qualified attorney who can review the specifics of your case and provide tailored advice. But based on the general principles of libel law, it seems like you would have a strong defense if the official were to follow through on their threat to sue.
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