Is It Defamation If It’s True?

False accusations and damaging statements can ruin a person’s career, reputation, or personal life. But not every harmful statement qualifies as defamation. One of the most important defenses in any defamation case, whether you’re suing or being sued, is that truth is an absolute defense. 

So, is it defamation if the statement is true? In short, no, it is not defamation if the statement is true. Even if a true statement damages your reputation, causes embarrassment, or leads to financial harm, it is generally not considered defamation under Colorado law. Let’s dive deeper into how truth affects a defamation case and what you need to know if you're considering legal action—or defending yourself from it.

What Is Defamation Under Colorado Law?

Defamation is a false statement that harms someone’s reputation. Colorado recognizes two forms:

• Libel: Defamation that is written or published (e.g., in newspapers, blogs, emails, or social media posts)
• Slander: Defamation that is spoken (e.g., in conversations, speeches, or phone calls)

To win a defamation case in Colorado, a plaintiff typically must prove the following four elements:

1. A false statement was made about them
2. The statement was communicated to a third party
3. The person making the statement acted with fault (negligence or actual malice)
4. The statement caused harm (e.g., reputational, emotional, or financial)

If the statement is true—or even substantially true—the claim typically fails at the very first element: falsity. If you're not sure whether a damaging statement crosses the legal line, our experienced defamation attorneys in Denver can help you evaluate your case.

What Does “Substantially True” Mean?

The law doesn’t require a statement to be 100% factually accurate in every detail for it to be protected. The standard is substantial truth—which means the “gist” or overall meaning of the statement must be accurate, even if there are small inaccuracies. For example, let’s say someone writes, “John was convicted of embezzling $50,000 in 2020.” But John was actually convicted of embezzling $48,500 in 2019. While the details are off, the core claim—that John was convicted of embezzlement—is true. The court may consider the statement substantially true and not defamatory. This principle protects individuals and the press from defamation claims over minor factual discrepancies that don’t change the overall meaning of what was said.

Why True Statements Can Still Be Harmful—But Not Illegal

Many people assume that if a statement causes them harm—such as job loss, public shaming, or loss of business—it must be defamatory. But harm alone isn’t enough. Defamation law is concerned with false and damaging statements, not merely hurtful ones. Here are a few examples of true but harmful statements that would not qualify as defamation:

• A former employer truthfully tells a potential new employer that you were fired for chronic tardiness
• A neighbor posts on social media that you were arrested for DUI, and you were
• A journalist reports that you declared bankruptcy last year, and it’s a matter of public record

In all these cases, the statement may damage your reputation—but if it’s true or based on public record, it is likely protected under the First Amendment and Colorado defamation law.

When Can Truth Still Be Challenged in Court?

While truth is a strong defense, there are scenarios where its applicability might be disputed: 

1. The Statement Is a Mixture of Fact and Opinion: Some statements blend fact with opinion. For example, “I think she’s a terrible manager because she lied to her team.” If the factual part (“she lied”) is false; the entire statement could be actionable—even if it's couched as opinion. 
2. The Truth Is Misleading or Incomplete: If someone presents a technically true fact in a misleading way that implies something false, it may still be challenged. This is known as defamation by implication. 
3. The Statement Involves Private Facts: Even a true statement could raise legal issues if it discloses highly personal and private information that isn’t of legitimate public concern. This may fall under the legal concept of invasion of privacy rather than defamation. That’s why it’s critical to have an experienced attorney review the facts. 

If you’ve been accused of defamation—or you’re considering filing a claim—understanding how the truth affects your case is essential.

Does the First Amendment Protect All True Statements?

In general, yes. The First Amendment protects free speech, including statements that are critical, offensive, or damaging—so long as they are true. This is especially important in journalism, political commentary, and matters of public concern. However, free speech doesn’t mean freedom from consequences. A truthful statement can still hurt your reputation or career. But from a legal standpoint, truth offers a near-absolute shield against defamation claims.

If you’re facing reputational damage or legal threats over statements you've made—or if someone has made damaging statements about you—our Denver defamation lawyers can help you understand your rights and defenses under Colorado law.

Know the Difference Before Taking Legal Action

Before pursuing a defamation lawsuit—or defending yourself against one—it’s critical to evaluate whether the statement in question is actually false. A court will dismiss a defamation case if the statement is true or substantially true, even if it has serious consequences for the subject. So, is it defamation if it’s true? No. Truth is not just a defense to defamation—it’s a complete shield. 

Whether you’re trying to protect your reputation or your right to speak freely, understanding the legal boundaries of defamation is essential. If you believe you're the target of false and damaging statements, or you're facing a lawsuit over something you said, contact us today. At Ernst Legal Group, we’re here to defend your rights and guide you through every step of the defamation process.