DP 5 Defamation Flashcards
What is the Justification defence?
The justification defense applies when a defamatory statement is substantially true
and most of the article is correct
What is the contextual truth defence?
The defense of a contextual truth applies when several defamatory statements are made within the same context of statements that are substantially true
What is the absolute truth defence?
A person can claim this defense if the defamatory material was published in relation to proceedings in of parliament, parliamentary bodies, courts of tribunals
What is the publication of public documents defence?
The published material was a fair copy, summary, or extract of a public document, and the material is published for public interest or educational purposes
A public document is defined as material that is available from:
○ A parliamentary body
○ Court
○ Tribunal
○ Local government
○ Statutory authority
what is the fair report of proceedings of public concern defense ?
A defendant may also claim that the material published was a fair report of the proceedings and is information for the public or educational purposes
Proceedings of public concerns are:
Parliamentary body, local government, tribunal
Government inquiries (Royal Commissions)
Company shareholders or other meetings dealing with a matter of public interest
what is the qualified privilege defence ?
A person who has no malice in publishing information that is damaging to another person
They published this information for good reasons
A defendant can use this defence if:
They believe the person receiving the defamatory information has a moral or legal interest in receiving this information
The person acts without malice or spite and acts reasonable in the circumstances
what is the honest opinion defence?
A defendant can claim that the material is an expression of their honest opinion rather than a statement
The matter must be public interest
what is the innocent dissemination defence?
Protects individuals or companies who accidentally published defamatory information
Printing companies, booksellers, libraries etc
To be proven, the defendant must establish that they:
Published the material as a subordinate distributor
Did not know that publication contained defamatory information
Did not have an obligation to check for defamatory information
what is the trivial defence ?
um so pretty much get over it u sensitive loser grow up it isnt that deep
