The Virginia Defamation Law Blog
If a statement claimed to be defamatory is substantially true (even if partially inaccurate), Virginia courts will generally not allow offended parties to bring defamation actions based on the minor inaccuracies. If the damaging aspect of the statement–the part that tends to affect one’s reputation–is substantially true, small factual errors that may exist in the less-important details are deemed insufficient to support a defamation action under the so-called “substantial truth doctrine.” In the Katie Couric defamation case I wrote about back in September, an interesting question arose: is a non-responsive or evasive answer to a question substantially the same thing as sitting in complete silence in response to that question? Judge Gibney thought so, and recently dismissed the case based in part on that reasoning. I would be surprised if that ruling gets upheld on appeal, though it may not ultimately make a difference to the outcome of the case.
Let’s recap briefly what the case is about. Katie Couric produced a documentary on gun violence called Under the Gun. Under the Gun portrays firearms as a serious social problem and advocates in favor of gun control. Ostensibly in an effort to show both sides of the gun-control debate, she invited members of the Virginia Citizens Defense League, a gun-rights organization, to be interviewed on camera. There is a scene in the film where she asks the VCDL group the following pointed question: “If there are no background checks for gun purchasers, how do you prevent felons or terrorists from purchasing a gun?” It’s a question often asked by gun-control advocates, and a question most gun-rights advocates are comfortable answering. But in Couric’s film, the responses shown on camera amount to what appears to be bewildered and uncomfortable silence. When the camera cuts away, viewers are left with the impression that the VCDL members had never considered the question before and were unable to come up with a single answer to it.