DEFENCES TO DEFAMATION

Question 1

1) TRUTH

Answer 1

• Ônus of proof rests on defendant
• Truth is a full defense
• Alexander v. North Eastern Railway Co (details were wrong but the statement at its core was correct indeed)

Question 2

2) ABSOLUTE PRIVILEGE

Answer 2

• Section 17 of the Act 2009, statements made in benefit of society or one’s which public is allowed or should know abt…
  presidential privilege
  parliamentary privilege
• CTB v. Newsgroup Newspaper.

Question 3

3) QUALIFIED PRIVILEGE

Answer 3

• Section 18 of Act 2009, statement made without malice. Person has a duty or interest in knowing, understandably so.
• Staff and customer example.

Question 4

4) HONEST OPINION.

Answer 4

• Provide great protection to the freedom of expression Article 40.06.01
• Statement was made to a matter of public interest but not a statement of fact
  -It was genuine and honest

Convery v. Irish News (malice will not afford defense)

Question 5

5) OFFER OF AMENDS

Answer 5

• Published innocently and then make offer of amends

Question 6

6) APOLOGY

Answer 6

• Apologize given in the proper form and published before the commencement of the proceedings.

Question 7

8) FAIR AND REASONABLE PUBLICATION OF MATTERS OF PUBLIC INTEREST

Answer 7

• Reynolds v. Times Newspaper
• Extension of qualified privilege to cover publications made in public interest too

Question 8

9) CONSENT;

Answer 8

Aí q bosta

Question 9

9) INNOCENT PUBLICATION:

Answer 9

• Cometeu o erro sem saber coitado mia muan