In the actions mentioned in section 25-839, the defendant may allege the truth of the matter charged as defamatory, prove the same and any mitigating circumstances to reduce the amount of damages, or prove either. The truth in itself and alone shall be a complete defense unless it shall be proved by the plaintiff that the publication was made with actual malice. Actual malice shall not be inferred or presumed from publication.
§ 25-840.Libel or slander; truth as defense; effect of actual malice.
Article 8: Pleadings · Last amended 1957 · Last verified July 22, 2026
In one sentenceThis section lets a defendant sued for libel or slander raise the truth of the statement as a defense, and makes that truth a complete defense on its own unless the plaintiff proves the statement was published with actual malice.
Full Text of § 25-840
Source
R.S.1867, Code § 132, p. 414; R.S.1913, § 7700; C.S.1922, § 8644; C.S.1929, § 20-840; R.S.1943, § 25-840; Laws 1957, c. 83, § 1, p. 329.
Plain-English Summary
Truth is a powerful defense to a defamation claim in Nebraska, and section 25-840 spells out how a defendant may use it. A defendant sued for libel or slander may allege the truth of the matter charged as defamatory, and may prove that truth along with any mitigating circumstances to reduce the amount of damages, or prove either one on its own.
Standing alone, truth is a complete defense. The only way a plaintiff can defeat it is by proving the statement was published with actual malice — and the section makes clear that actual malice cannot be inferred or presumed merely from the fact that the statement was published. The plaintiff has to prove it independently.
This section addresses the truth defense itself, not whether the underlying statement was defamatory in the first place; that question is a separate one from what section 25-840 covers.
Frequently Asked Questions
Is truth always a complete defense to a libel or slander claim in Nebraska?
Yes, unless the plaintiff proves the statement was published with actual malice.
What does it take to prove actual malice defeats a truth defense?
The plaintiff must prove actual malice independently; section 25-840 states that actual malice cannot be inferred or presumed from the fact of publication alone.
Can a defendant use truth to reduce damages instead of as a full defense?
Yes. A defendant may prove the truth of the statement along with mitigating circumstances to reduce the amount of damages, rather than relying on truth as a complete defense.
Does raising a truth defense admit the statement was defamatory?
Section 25-840 addresses the truth defense itself, not whether the statement was defamatory to begin with; that question is separate from what this section covers.
Who has the burden of proving actual malice?
The plaintiff bears that burden once the defendant has raised truth as a defense.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: truth defense libel nebraskaactual malice defamation nebraskaslander truth defense nebraska25-840 defamation defensemitigating circumstances libel damages