Chapter 5C/5D: Defamation Part 2

Question 1

What does the defence of absolute privilege apply to?

Answer 1

Statements made on occasion where the free communication of information is considered to be so important that is is exempt from defamation law

Question 2

What are the situations where the publication of information is completely protected under absolute privilege?

Answer 2

• Communications in the course of parliamentary proceedings
• Communications made during the course of judicial proceedings
• Communications between government ministers

Question 3

When absolute privilege applies, in what cases is the speaker is immune from defamation proceedings?

Answer 3

• They make the statement with knowledge that it is false
• They are acting with an intention to harm the plaintiff
• Substantial harm results from the statement

Question 4

When can the defence of qualified privilege be raised?

Answer 4

The publication of the defamatory matter was driven by a legal or moral duty

Question 5

When will common law qualified privilege apply?

Answer 5

There is a reciprocal duty of interest between the publisher and recipient

Question 6

What are some examples of common law qualified privilege?

Answer 6

A previous employer giving a job reference to a prospective employer, or a person reporting a suspected crime to the police

Question 7

What elements must be proven for self-defence common law qualified privilege to apply?

Answer 7

• The comments were made in response to an attack on the defendants reputation
• The defendants response related to the initial attack
• The response was made in order to protect the defendants reputation

Question 8

In order for statutory qualified privilege to apply, which elements must occur?

Answer 8

• The recipient has an interest in having information on the subject
• The matter is published in the course of giving that information
• The conduct of the publisher is reasonable in the circumstances

Question 9

What are some examples of relevant interest?

Answer 9

Claims that healthcare worker is providing incompetent care, or allegations that a businessman has bribed officials

Question 10

What type of defences are both absolute and qualified privilege?

Answer 10

Complete defences

Question 11

In defamation cases, when can damages be awarded?

Answer 11

For non-economic loss, whereby aggravated or general damages will occur, or economic loss whereby specific damages will occur

Question 12

What are exemplary damages?

Answer 12

An additional sum of money that seeks to punish a defendant, which CANNOT be awarded in defamation cases

Question 13

What are injunctions?

Answer 13

Court orders compelling a party to do something, or preventing a party from doing something

Question 14

What are the two types of injunctions which can be granted for defamation?

Answer 14

Mandatory or restrictive injunctions

Question 15

What do mandatory injunctions do?

Answer 15

Force parties to do something, such as an injunction requiring the defendant to publish a news article acknowledging that the previous publication was defamatory

Question 16

What do restrictive injunctions do?

Answer 16

Prevent parties from doing something, such as an injunction that prevents a newspaper from publishing a defamatory article