Is it defamation to point out scientific research fraud?
vox.com
vox.com
Here is a discussion about the fraud from 15 days ago:
So we have a dishonesty paper that is falsified data in two different experiments by two different people.
That’s why they reported it to Harvard privately first. It was allegedly to allow them to investigate as well and to find if there is another plausible explanation. During and after the retraction was there any plausible explanation other than fraud?
Generally, I consider defamation to mean: made in bad faith, not provably true, and with a goal of harming the target. It's pretty clear the definitions and laws have changed.
Note that Gino is also suing her employer- Harvard- who conducted a review and put her on leave. She has absolutely zero chances of winning this case or salvaging her career, as she has to prove that she didn't carry out research fraud (by editing raw data before publication), because she published the evidence of her actions.
We can expect that her case will be shut down before it reaches trial.
IANAL, but legally that's easy: no. Under US law truth is a solid defence against accusations of defamation. If the statements are true then your intentions don't matter.
I think they would also have to show that either the defendant knew that it wasn't true, or was reckless about it. They also have to show that it was likely to be believed as a factual claim, so expressions of opinion or hyperbole are not defamatory. This isn't legal advice, just what I think from years of reading Popehat.
https://www.gofundme.com/f/uhbka-support-data-coladas-legal-...
Thus, no, it's not defamatory.