London Libel Lawsuits Punish Truth Tellers

“In the U.K., defamation plaintiffs have two major advantages that Trump envies. First, they do not have to prove that an allegedly defamatory statement was false. Second, they do not have to show that the defendant deliberately or recklessly misrepresented the facts—the “actual malice” standard that the U.S. Supreme Court has said the First Amendment requires in libel actions brought by public figures.

Instead, the target of a British defamation lawsuit has the burden of establishing that he is protected by one of several recognized defenses. If he settles on a “defense of truth,” he has to show it is more likely than not that “the imputation conveyed by the statement” was “substantially true.” That plaintiff-friendly rule has made the U.K. a magnet for libel actions by prominent people whose claims might get a less receptive hearing in other countries, including American cyclist Lance Armstrong, Swedish businessman Svante Kumlin, and Russian tycoon Boris Berezovsky.”

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