EXAM- Defences To Defamation Flashcards
Justification
When defamatory statement is substantially true
Contextual truth
Applies when a number of statements are made within the same context and the plaintiff objects to one not all
Absolute privilege
If the material was posted in relation to parliamentary proceedings
Publication of public documents
If the material was a fair copy of a public document and in publics best interest
Fair report of proceeding of public concern
the material was no more then a fair report of proceedings for public educational purposes
Qualified privilege
That the recipient has a moral or legal interest in the statement
Honest opinion
The statement was an expression of honest opinion rather then statement of fact
Innocent dissemination
Protects those who unknowingly distribute the information. Eg- libraries
Triviality
Where the publisher can prove the plaintiff is unlikely to be harmed by the material