Chapter 22

Question 1

What are the main defences used against defamation?

Answer 1

• Truth
  
  • Honest Opinion
  • Public Interest
  • Absolute Privilege
  • Qualified Privilege
  • Accord and Satisfaction
  • Offer of Amends

Question 2

If facts are published, what defence might be used?

Answer 2

Truth

Question 3

If words complained about are an expression of opinion, which defence might be use?

Answer 3

Honest opinion

Question 4

What does it mean to be proved true on the balance of probabilities?

Answer 4

When presented with different accounts, the court decides which version of events is most likely to be true.

Question 5

What are the requirements of honest opinion defence? Give as much detail as you can.

Answer 5

• The published comment must be the honestly led opinion of the person making it (even though it may have been published by another party);
• The published comment must be recognisable to the reader/viewer/listener as opinion rather than as a factual allegation;
• The published comment must be based on a provably true fact or privileged material - so media organisations relying on the honest opinion defence should be prepared to run another defence, such as truth, absolute privilege or qualified privilege in tandem;
• The published comment must explicitly or implicitly indicate, at least in general terms, the fact or information on which it is based

Question 6

Briefly explain what absolute privileges.

Answer 6

The defence of absolute privilege, where applicable, is a complete answer and bar to an action for defamation. It does not matter if the words are true or false, or if they were spoken or written maliciously.

Question 7

What does contemporaneous mean?

Answer 7

Existing at or occurring in the same period of time

Question 8

Briefly explain what qualified privilege is.

Answer 8

It’s a defence that allows certain “statements” to be freely published in the public interest, with no requirement for the publisher to be able to prove them as true.

Question 9

What is Accord and satisfaction?

Answer 9

This is a defence that can be used to stop a defamation case on the basis the issue has already been disposed of.