Which of the following is NOT a defense against defamation?

The correct response is that the absence of publication is not a recognized defense against defamation. In defamation cases, one of the fundamental elements that must be proven is that the alleged defamatory statement was published to a third party. If the statement was never published or communicated to anyone, then it generally cannot meet the criteria for defamation because the harmed party cannot demonstrate damages resulting from the statement.

In contrast, truth, opinion, and privilege are established defenses in defamation cases. A statement that is true cannot be deemed defamatory, regardless of the harm it may cause since the essence of defamation lies in falsehood. Similarly, opinions, as long as they do not imply false facts, are typically protected; they cannot be considered defamatory because they do not assert a verifiable claim. Finally, certain privileges (like statements made in a legal proceeding or by government officials during their duties) provide legal immunity from defamation claims, allowing individuals to express themselves without fear of legal repercussions in specific contexts. Thus, these defenses align with the principles governing defamation law, making the absence of publication the correct answer in this instance.