Defamation part 5

Question 1

What is good about the defences of defamation

Answer 1

Good for journalism as it allows freedom of speech and democracy

Question 2

How can Qualified privilege exist?

Answer 2

Person communicating the info must have a duty to do this (legal or moral) or an interest in doing so (legal or moral)

The person receiving it must have a duty to consider the info or an intrest in receiving it

If malice is a motive or info sent to person that does not have a duty to consider it or intrest I’m receiving it the defence is destroyed

Question 3

What are the two requirements for QP (laid out in the DA 1996 and amended 2013)

Answer 3

What has been published is in the PI

The privilege will only apply if there has been no malice

Fair and accurate

Question 4

What is malice?

Answer 4

Personal spite or desire to gain a private/personal advantage is the dominant motive in publication - ie not a sense of duty to society

Can mean reckless uncaring attitude towards facts

Communicating old facts when you know they have changed

Question 5

Examples of malice?

Answer 5

Thai hotel review on Trip Advisor

Question 6

What is covered by QP?

Answer 6

Def statements made in following circumstances are covered by QP:

Parliamentary proceedings 
Public enquiries 
High level press conferences 
Council meetings 
Public meetings 
Official statements from police and other state bodies

Question 7

What are part 1 and 2 statements

Answer 7

Part 1 statements are QP without explanation or contradiction (part 1, schedule 1 of DA 1998)

Part 2 are subject to explanation or contradiction fall under Part 2, schedule 1 DA 1998

Question 8

What do you need for part 2 statements?

Answer 8

You need a right of reply, publishers must give anyone defamed a chance to reply

Question 9

So what kind of things are Part 1?

Answer 9

Courts

International conferences

Any document required by law to be open to public investigation

Question 10

What kind of things are Part 2?

Answer 10

Public meetings

Council meetings

Public info notices

Information and reports from public companies

Question 11

What counts as a public meeting?

Answer 11

Defined as

“Lawful meeting held anywhere in the world for the furtherance or discussion of PI, whether admission to the meeting is general or restricted”

Question 12

What is now covered under QP after amendment of 2013 Act

Answer 12

Press conferences are now public meetings - made law in HOL 2000

Question 13

How are can you not be protected by QP?

Answer 13

Only protects you from what is said for example in council meeting

Anything said out of that and is defamatory wil not be protected by defence