Grounds of Justification Associated with Infringements of Personality Interests

Question 1

Grounds of justification definition

Answer 1

Defences that a defendant can use to rebut a wrongfulness presumption and prove that, in the circumstances of the case, there should be no claim.

Question 2

In actio iniuriarum cases the most common grounds for justification are:

Answer 2

o Truth for public benefit (or public interest),
o Fair comment,
o Privileged occasion, and
o The defence of reasonable publication.

Question 3

What is the “truth for public benefit” defence?

Answer 3

The legal convictions of the community dictate that a defendant should be protected against a claim if the material in question is true and has been made known for the benefit of the public.

Question 4

The criteria for assessing what constitutes fair comment are:

Answer 4

o The material must amount to comment or opinions and not a statement of fact.
o The facts which the comment or opinion is based are substantially true, and either widely known or incorporated by reference.
o The comment or opinion pertains to a matter of public interest.
o The comment or opinion is fair.

Question 5

Define the defence for privilged occasion

Answer 5

The defence of privileged occasion may protect both true and untrue statements. And it does not matter whether they are statements of fact or opinion.

Question 6

Two types of Privilge

Answer 6

• Absolute Privilege (Free speech and full and effective deliberation statements made while participating in parliamentary proceedings and those of provincial legislatures are accorded absolute protection against actions under the action iniuriarum)
• Qualified Privilege (A defendant may rebut the presumption of wrongfulness by showing that the communication is protected because it was made for moral, social, or legal reasons.)