Defamation Act 2013 Flashcards
Section 1 -Defamatory
A statement is defamatory if it has caused serious harm to that person’s reputation, or is likely to cause serious harm.
Section 4 - Public Interest
Is the defense of ‘publication on a matter of public interest’
Section 8 Single Publication Rule
12-month limitation period for bringing a defamation action runs from the date of the first publication viewed by the public.
Section 2 Truth Defence
Requires that the published material complained of can be proven in court to be substantially true.
Section 3 Honest Opinion
Be the honestly held opinion of the person making it, be recognizable by the reader/viewer/listener as opinion rather than factual allegation, be based on a provably true fact/privileged material, explicitly or implicitly indicate the fact or information on which it was based.
Section 5 - Website Operators
Provides a defense for website operators (protection from readers comments)