LEGAL PRINCIPLE: EVIDENCE LAW – Proof of Libel – Requirement of Primary Evidence of Defamatory Words

This principle establishes the evidentiary foundation required in defamation actions. The plaintiff must prove the precise words alleged to be defamatory—not merely their general substance or effect. This requirement serves several purposes: (1) it ensures the court evaluates the actual statement made, not the plaintiff’s interpretation or recollection; (2) it protects defendants from claims based on exaggerated or distorted versions of their statements; (3) it enables proper legal analysis of whether the words are capable of bearing defamatory meaning; and (4) it allows assessment of available defenses such as justification, fair comment, or privilege. The best evidence rule requires production of the original document containing the libel (letter, newspaper, publication, etc.). This is “primary evidence” and must be tendered where available. However, the law recognizes practical situations where originals may be unavailable (lost, destroyed, in third party possession, etc.). In such cases, “secondary evidence” is permitted—this includes copies, oral testimony about the contents, or other indirect proof. The availability of secondary evidence prevents plaintiffs from being denied remedies due to inability to produce originals, while the preference for primary evidence ensures accuracy. The principle applies particularly to written defamation (libel); oral defamation (slander) is necessarily proved through testimony about spoken words. The requirement to prove actual words prevents speculative or vague defamation claims and ensures that liability is based on what was actually published, not what the plaintiff believed was implied or understood.