The factual accuracy of a defamatory publication, according to the formal
language of the Defamation Act, is a defense claim to be raised by the
defendant.108 However, as much as the defendant wishes to establish the
truthfulness of his allegations in order to evade liability, the plaintiff longs to
demonstrate their falsity in order to vindicate her tarnished reputation.109
The Defamation Act seems to embrace the latter proposition. Under Article
9(a)(2), a court discussing a defamation claim is authorized to order the
defendant to publish a correction, a retraction, or an abstract of the
judgment.110 Thus, refutation of defamatory charges is not considered merely
a necessary procedural step for recovering damages, but a legitimate plaintiff
interest in its own right. Also implicit in this provision is the perception that
a court may objectively determine truth and falsity.