Defamation Defences Flashcards

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1
Q

Defences

A
Truth
Honest opinion 
Publication in public interest
Website operators
Reportage
Privilege
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2
Q

Truth authority

A

S2 DA 2013

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3
Q

Truth must be substantially true

A

Alexander v NE Railway Co

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4
Q

If one or more imputations shown not to be true, only liable if the harm reputation

A

S2(2) And s2(3) DA 2013

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5
Q

Defamation defended if allegation of an offence is proven

A

Civil Evidence Act 1968

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6
Q

Imputation of general conduct not proven by a single instance of bad conduct

A

Wakley v Cooke

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7
Q

Cannot sue 2+ imputation defence if they are unrelated

A

Cruise + Kidman v Express Newspapers

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8
Q

Parts of honest opinion

A

S3(2-4) DA 2013
Statement of opinion
Statement indicated basis of opinion
Honest person would have held opinion on basis of any fact that existed at the time or from a privileged statement

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9
Q

Opinion must not be asserted as fact

A

Telnikoff v Mateusevich

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10
Q

Comment must explicitly or implicitly indicate the facts on which it is based

A

Spiller v Joseph

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11
Q

Test is of honest opinion no matter how prejudiced

A

Telnikoff v Mateusevich

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12
Q

Malice negates opinion defence

A

Tse Wai Chun v Cheng

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13
Q

Components of publication in the public interest

A

S4 DA 2013
Statement was in public interest
D reasonably believed this

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14
Q

10 factors to consider authority

A

Reynolds v Times Newspapers

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15
Q

Defence for website operators

A

S5 DA 2013
Not possible for c to identify who
C gave operator notice of complaint
Failed to respond to notice

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16
Q

Reportage Authority

A

S4(3)

Roberts v Gable

17
Q

Statement made in Parliament is absolute privilege

A

Bill of Rights 1688

18
Q

Statements made during judicial proceedings are privileged

A

Westcroft v Westcroft

19
Q

QP as statute

A

S15 DA 1990 Sch 1 Pt 1+2