Chapter 23

Question 1

What are the two key points required for the public interest defence?

Answer 1

• The statement complained of was, or formed part of, a statement on a matter of public interest
• The defendant reasonably believed that publishing the statement complained of was in the public interest

Question 2

What three issues must’ve caught the side if the public interest defence is used? Give some detail for each of these three issues.

Answer 2

• Was the statement complained of, or did it form part of, a statement on a matter of public interest?
• If so, did the defendant believe that publishing the statement complained of was in the public interest?
• If so, was that belief reasonable?