DocumentCloud_Epstein_Docs_p02010.png
Extracted Text (OCR)
' Case 18-2868, Document 287, 08/09/2019, 2628251, Page62 of 76
material fact as to whether defamatory photo and caption were
true).
Under New York law, “truth is an absolute, unqualified
defense to a civil defamation action” and “‘substantial truth’
suffices to defeat a charge of libel.” Jewell v. NYP Holdings,
Inc., 23 F. Supp. 2d 348, 366 (S.D.N.Y. 1998) (internal
quotation marks and citations omitted). A statement is
substantially true if the statement would not “have a different
effect on the mind of the reader from that which the pleaded
truth would have produced.” Id. (quoting Fleckenstein v.
Friedman, 193 N.E. 537, 538 (N.Y. 1934)). Thus, “it is not
necessary to demonstrate complete accuracy to defeat a charge of
libel. It is only necessary that the gist or substance of the
challenged statements be true.” Printers II, Inc. v.
Professionals Publishing, Inc., 784 F.2d 141, 146 (2d Cir.
1986); see also Korkala v. W.W. Norton & Co., 618 F.Supp. 152,
155 (S.D.N.Y. 1985) (“Slight inaccuracies of expression are
immaterial provided that the defamatory charge is true in
substance.”) (internal quotation marks and citation omitted) ;
Sharon v. Time, Inc., 609 F.Supp. 1291, 1294 (S.D.N.Y. 1984)
(“Defendant is permitted to prove the substantial truth of this
statement by establishing any other proposition that has the
62
Extracted Information
Dates
Document Details
| Filename | DocumentCloud_Epstein_Docs_p02010.png |
| File Size | 396.9 KB |
| OCR Confidence | 94.8% |
| Has Readable Text | Yes |
| Text Length | 1,344 characters |
| Indexed | 2026-02-04 12:31:50.721868 |