When is a statement “false,” and how does truth affect a defamation claim?
Statements that are “substantially true” cannot support a claim for defamation. A statement is “substantially true” even if it contains minor inaccuracies, so long as any such inaccuracies do not affect the “gist” or “sting” of the statement. In other words, if a statement in a podcast would have substantially the same effect upon a listener as the literal truth, the statement will not be considered false. When the defendant in a defamation case is a media defendant, and the allegedly defamatory statements address matters of public concern, the plaintiff will have the burden to prove falsity. It has not yet been established whether podcasters will be considered “media defendants,” but at least three courts that have considered other forms of internet publications have found them to constitute “media.” Whether a podcast addresses matters of public concern will depend on the specific content of the podcast: a podcast which addresses purely personal issues is less likely to qualify, where
