UT · jury_instructions
MUJI 2d CV1605
Definition: False Statement.
The allegedly defamatory statement must state or imply facts which can be proved to be false. [[Name of plaintiff] must show the statement to be false.] [[Name of Defendant] can defeat a defamation claim by showing the statement to be true.]
"False" means that the statement is either directly untrue or that it implies a fact that is untrue. In addition, a defamatory statement must be materially false. A statement is "materially false" if it is false in a way that matters; that is, if it has more than minor or irrelevant inaccuracies.
A true statement cannot be the basis of a defamation claim, no matter how annoying, embarrassing, damaging, or insulting it may be. To be considered "true" in a defamation case, a statement need not be completely accurate. The statement need only be substantially true, which means the gist of the statement is true.
You should determine the truth or falsity of the statement according to the facts as they existed at the time [name of defendant] published the statement.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
607bd15cd117610d379e76baea5c03adcb77f8a0ded7203a0f5f0ed6f265911f
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