California, United States of America
The following excerpt is from Med. Marijuana, Inc. v. Projectcbd.com, 260 Cal.Rptr.3d 237, 46 Cal.App.5th 869 (Cal. App. 2020):
and apparent object of the writer, considering not only the actual language used, but the sense and meaning that may be fairly presumed to have been conveyed to those who read it. [Citation.]" ( Selleck v. Globe International, Inc. (1985) 166 Cal.App.3d 1123, 1131, 212 Cal.Rptr. 838.) In addition, falsity cannot be shown if the statement at issue appears substantially true : "To bar liability, "it is sufficient if the substance of the charge be proved true, irrespective of slight inaccuracy in the details." [Citations.] ... [Citation.] ... Minor inaccuracies do not amount to falsity so long as "the substance, the gist, the sting, of the libelous charge be justified." [Citations.] Put another way, the statement is not considered false unless it "would have a different effect on the mind of the reader from that which the pleaded truth would have produced." [Citations.] [Citation.]" ( Vogel v. Felice (2005) 127 Cal.App.4th 1006, 1021, 26 Cal.Rptr.3d 350 ( Vogel ), italics omitted.)
[260 Cal.Rptr.3d 254]
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