Crawley, 819 N.W.2d at 104 (citations and quotations omitted). Accordingly, Minnesota’s defamation definition requires that a statement must be false in order to impose liability. Minnesota Statutes section 609.765, subdivisions 1 and 2, include both true and false statements. And although subdivision 3 excludes some communications from criminal liability, it fails to narrow the definition of criminal defamation to only false statements. Specifically, subdivision 3(1) limits the mitigating effect that the truth will have by attaching the qualification that the matter “is communicated with good motives and for justifiable ends.” Because the truth is not a complete bar to prosecution, the partial exemption runs contrary to our state’s civil defamation definition. Therefore, section 609.765’s requirement that the truth be communicated with good motives and justifiable ends violates First Amendment protections because it penalizes protected speech—true statements—in addition to unprotected speech—false statements. Appellant and amicus curiae also challenge Minn. Stat. § 609.765 on the basis that it punishes true statements made about individuals participating in matters of public concern and it punishes false statements of public concern without a showing of “actual malice.” As discussed above, the law regarding matters of public concern is clear that truth is an absolute defense. Both subdivisions 3(3) and 3(4) of section 609.765 address individuals participating in matters of public concern or public proceedings. But only subdivision 3(4) exempts a communication from criminal prosecution if it is true. Under subdivision 3(3), a true comment may be punishable if it is not fair and not made in good faith. 8