question 9 Flashcards
1
Q
What is honest opinion?
A
The defence of honest opinion protects the published opinions, not any statement put forward as factual.
2
Q
What are the requirements of honest opinion number 1/2?
A
- the published comment must be the honestly held opinion of the person making it
- it must be recognisable as opinion rather than as a factual allegation
3
Q
What are the requirements of honest opinion 3/4?
A
- it must be based on a provably true fact or privileged material- must use privilege as well
- it must explicitly or implicitly indicate, at least in general terms, the fact or information on which it is based
4
Q
Does the law require the truth of the comment to be proved?
A
No
5
Q
When will the defence fail?
A
If a claimant can show that the person expressing the opinion did not in fact hold that opinion.
