3 ms·
OK, fair enough- in which case, I think a reasonable answer to the posted question is "No, it is not defamation to point out scientific research fraud". Howeve
by dekhn 3y ago
OK, fair enough- in which case, I think a reasonable answer to the posted question is "No, it is not defamation to point out scientific research fraud". However, it's not clear to me that they proved anything beyond a reasonable doubt (IIRC the standard for criminal cases) or even preponderance of evidence, so how would the court case determine if what they said was true?
- injb 3y agoAFAIK the plaintiff would have to show that it's not true. That wouldn't be anywhere near enough but would be a start. I think they would also have to show that either the defendant knew that it wasn't true, or was reckless about it. They also have to show that it was likely to be believed as a factual claim, so expressions of opinion or hyperbole are not defamatory. This isn't legal advice, just what I think from years of reading Popehat.