UK Politics
General Discussion for politics in the UK.
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[email protected] appears to have vanished! We can still see cached content from this link, but goodbye I guess! :'(
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This gives a bit of a false impression. Specifically, it is for the defendant to show that a defamatory statement is substantially true, rather than the complainant/plaintiff to show it is false. This is essentially because truth is a defence against defamation in the same way self-defence is a defence against assault.
Essentially, the complainant must prove that:
The defendant may argue in defence that:
The burden of proof is still "on the balance of probability" rather than "beyond reasonable doubt" in each case.
This kind of makes a little bit of sense though, right? If I tell the world that you like to put your thumb in your bum and then sniff it, you'd probably feel it should be on me to provide evidence rather than on you to prove that you've literally never done that in your life.
We are definitely lacking in anti-SLAPP legislation, but then so are many states.