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Defense Against Libel 

Ethical and Legal Considerations

Annette Flanagin

In the United States, truth is a defense against claims of libel in most cases (see also , Defamation, Libel). Aside from consideration of truth of damaging statements, some jurisdictions also consider whether damaging statements were made with intent to harm.§(5.09), As a result, editors should query authors about any statements that criticize or imply criticism of individuals or corporate entities and ask the authors to provide evidence or documentation to support such statements. If an editor is concerned about the risk vs benefit of publishing such statements, obtaining a legal review as part of the process of peer review

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