Defences To Defamation

Question 1

What is justification

Answer 1

• This defence applies if the statement made is substantially true.
• If what you are saying is defamatory but true, you will not be sued.

Question 2

Honest Opinion

Answer 2

Defendant can claim the defamatory statement is their honest opinion as a “commentator” rather than a statement or fact. The matter must be of public interest and opinion must be based on proper material.
-The statement must be within the real of what would be reasonably expected of such a commentator.

Question 3

Absolute privilege

Answer 3

• Certain categories of communication are given special legal status.
• If a defendant can prove that the defamatory statement was published in relation to proceedings of parliamentary bodies, court, tribunals or communication between husband and wife, then it is not a defamatory statement.

Question 4

Innocent dissemation

Answer 4

This protects people who unknowingly distributed defamatory material, such as print companies, libraries, internet providers. They need to prove:

• Published the material as a subordinate distributor, not the primary distributor or editor of the publication.
• Didn’t know (nor should they have known) that the publication contained defamatory material.
• Didn’t have an obligation to check for defamatory material.