Defamation pt 2

Question 1

What is the Truth defence?

Answer 1

A defence used to argue against a defamation suit in court.

- material can be proved to be substantially true ON THE BALANCE OF PROBABILITIES

Question 2

Why media organisations may be reluctant to fight defamation actions?

Answer 2

• Uncertainty of how a judge will interpret meaning
• Difficulty of proving the truth
• Huge damages could be awarded if trial lost
• Huge costs

Question 3

What is the Honest opinion defence?

Answer 3

• If the statement complained of was a statement of opinion

- has to be clear it is opinion e.g. phrases using in my opinion

Question 4

What is the absolute privilege defence?

Answer 4

-the fair and accurate report of judicial proceedings held in public while being reported contemporaneously
FAIR ACCURATE CONTEMPORANEOUSLY

Question 5

When is absolute privilege defence normally used?

Answer 5

when reporting court cases or proceedings of certain types of tribunal

Question 6

What is qualified privilege?

Answer 6

the fair, accurate without malice, and in the public interest published report. DOES NOT HAVE TO BE CONTEMPORANEOUS

Question 7

When can Qualified privilege be used?

Answer 7

in the report of parliaments, non-contemporaneous court cases, court notices

Question 8

What is offer of amends?

Answer 8

Defence to publish a correction and apology not agreed by claimant

Question 9

What is the public interest defence?

Answer 9

Section 4 Defamation act: a) that the statement was or formed part of a statement on a matter of public interest and b) that the defendant believed that publishing it was in the public interest